Sumary of EU court rules CBD is ‘not a narcotic’:
- ‘A Member State may not prohibit the marketing of cannabidiol (CBD) lawfully produced in another Member State when it is extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds.’ And that:.
- ‘CBD, extracted from the Cannabis sativa plant in its entirety, cannot be regarded as an agricultural product, unlike, for example, raw hemp.’ The ruling follows the KanaVape court case that commenced in 2014 and is welcome news for the industry, as the decision will advance CBD regulations in Europe, laying a clearer route to regulatory compliance for CBD companies..
- CBD not a narcotic The Court states that in order to define the terms ‘drug’ or ‘narcotic drug’ the EU law makes reference to two United Nations (UN) conventions:.
- It does state, however, that legislation on the prohibition of marketing CBD can be ‘justified on one of the grounds of public interest laid down in Article 36 TFEU, such as the objective of protecting public health invoked by the French Republic, provided that that legislation is appropriate for securing the attainment of that objective and does not go beyond what is necessary in order to attain it.’ Positive news for the sector The 2014 Kannavape case saw the company prosecuted for contravening French law by selling vapourisers that contained CBD oil extracted from the whole plant, which French law prohibits…