E.U.: Hemp CBD Legal

The EU’s European External Action Service shared with all United Nations Member States the conclusions of the CJEU regarding CBD and the Single Convention:

must be interpreted as precluding national legislation which prohibits the marketing of CBD lawfully produced in another Member State when it is extracted from [hemp], unless that legislation is appropriate for securing the attainment of the objective of protecting public health and does not go beyond what is necessary for that purpose

It’s the E.U.’s version of our Tenth Amendment. Ironically, it leaves the door open to banning it by producers within the country. It also reinforces that Source Matters, like in the U.S. Hemp has always been exempt from the Single Convention Treaties, as is medical.

In light of this opinion, requiring Novel Food registration is illegal by going “beyond what is necessary for that purpose.” That’s because hempseed and hempseed oil are already exempt from Novel Food registration for the same reason CBD should be, namely millennia of use in member states before they were even states. It’s been one long toxicology study, with no problems. Especially in light of studies like this.

CBD is just one Cannabinoid often found in hempseed oil, at quantities 20 times greater than THC content. Thus at 0.3% THC, CBD content could be and has been 6% in common hempseed oil. When hempseed oil was ruled exempt from Novel Food registration, so should the CBD unavoidably and incidentally found in it. That’s also the position of the U.K.’s FSA.

Does this ruling sink EIHA’s attempts to make millions of Euros in perpetuity on the Novel Food Consortium is was organizing to give its members a competitive advantage? Time will tell.

Click here for the document: https://www.unodc.org/documents/commissions/CND_CCPCJ_joint/2020_Reconvened_Statements/ECN72020_CRP23_V20

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