CJEU ruling: CBD is not a drug


Cannabidiol cannot be classified as a narcotic substance. The judgment of the Court of Justice of the European Union sets new tracks for the entire cannabis market in Europe. The ruling follows an appeal by two French citizens who were convicted of trading CBD products on the French market, although the products were manufactured in the Czech Republic.

The Court ruled that “flower extract is not considered a narcotic under the 1961 United Nations Single Convention on Narcotic Drugs. A Member State may not prohibit the sale of CBD legally produced in another Member State if it is obtained from the plant cannabis sativa, including with flowers. France must provide scientific evidence of the dangers of CBD if it decides to maintain its current marketing ban on products containing CBD. […] in addition, according to the current state of scientific knowledge, […] unlike (THC), another cannabinoid from the cannabis plant, the subject CBD does not appear to have any psychotropic effect or any harmful effect on human health. […] A decision to prohibit the placing on the market of CBD, which is indeed the most restrictive obstacle to trade in products lawfully produced and marketed in other Member States, can only be taken if the risk is sufficiently proven. “

The precedent set by the Court of Justice will be binding on all European institutions, including the European Commission, which last August surprised everyone with its preliminary application for the recognition of natural cannabis extracts, including CBD for a drug. According to Eveline Van Keymeulen, owner of the law firm Allen & Overy’s Life Science Regulatory and Cannabis, the ruling will force European countries to review their national laws on cannabis and its products.

“This is a great day for the cannabis industry. If the industry now continues to be proactive and provide safety assessments and standards, products will be legally sold across Europe – in three years at the latest. And then the potential of the market will explode.” – said Daniel Kruse, president of the European Industrial Hemp Association.

EU high court says CBD not narcotic, free for cross-border trade https://hemptoday.net/eu-high-court-says-cbd-not-narcotic-free-for-cross-border-trade/