Last week, on November 19th, the Court of Justice of the European Union (CJEU) ruled that because cannabinol (CBD) has no "psychotropic effects" and is not harmful to health, France's ban on the substance is illegal.
The Marseille criminal Court sentenced two CBD manufacturers to use oil legally produced in the Czech Republic because it is derived from the entire cannabis Sativa plant. CBD is one of several cannabinoids found in cannabis (about 113 according to the World Health Organization) when oils derived from plant seeds and fibers are allowed in France, Unlike the well-known psychoactive cannabinoid delta-9-tetrahydrocannabinol (THC), CBD does not have psychotropic effects on users. Among other things, the European Court of Justice's judgment stressed that the substance "was legally produced in another Member State of the European Union when it was fully extracted from the cannabis plant."
The Court of Appeal in Aix-En-Provence first asked the EU court to intervene in 2018. The latter dealt with the Kanawap case, a CBD e-cigarette that was marketed by its manufacturer as "100% legal" due to its compliance with the maximum licensing rate of 0.2%THC.
The two Kanawap-based manufacturers were sentenced by the Marseille criminal court for using oil legally produced in the Czech Republic. The problem is that the CBD they use is derived from the whole cannabis plant, and France only allows the use of CBD oil, which is derived from hemp seeds and fibers. The Court of Appeal found that France's CBD regulations were inconsistent with the less restrictive ones laid down by the European Union.
Eu Court rules in favour of 'free movement of goods' within EU
This was followed last week by a judgment from the European Court of Justice upholding the EU's "free movement of goods", which "strikes against the French national regulation", "because of the relevant Convention on Biological Diversity (...) It cannot be considered a narcotic."
The ruling added that banning the substance could be "for the purpose of protecting public health". However, the EU court added, "In the light of the current state of scientific knowledge, it is necessary to take into account that, unlike THC, another cannabinoid in cannabis, the CBD in question does not appear to have any effect. Psychotropic substances may have harmful effects on human health."
The ban can only be justified if a health risk is identified
Moreover, the ECJ added, "National courts must assess available scientific data to ensure that the alleged real threat to public health does not appear to be based on purely hypothetical considerations." In the end, the EU court of Justice concluded that the ban could only be justified if a health risk was established. "Only if this risk appears to be well established can you pass a ban on CBD commercialisation (...) ."