The European Court of Justice rules ban on cannabidiol in France illegal
On November 19, 2020, the verdict was delivered and it was final. The Court of Justice of the European Union (CJEU) ruled that France's ban on the marketing of cannabidiol, also known as CBD, was illegal.
Too often confused with THC, tetrahydrocannabinol, a psychoactive substance also found in cannabis, cannabidiol is considered harmless to human health.
This decision offers new prospects for consumers and brings relief to producers and traders. But will it be enough to change French policy, which is already well behind on this issue?
CBD ban illegal in France: a battle won, but not the war!
For years, a legal battle has been the subject of much controversy in France. The countless debates, however, concern a plant... As soon as the word hemp is pronounced, eyes widen and literally explode when Cannabis Sativa is mentioned. CBD, derived from cannabis, is not considered dangerous.
However, its commercialization is still controversial for many politicians.
The European court made a historic decision: "A Member State may not prohibit the marketing of cannabidiol (CBD) lawfully produced in another Member State when it is extracted from the entire Cannabis Sativa plant and not only from its fibers and seeds."
This decision allows CBD to be legally authorized, consumed and marketed in France.
A long-awaited decision by industry professionals
It all started in 2014 with the KANAVAPE case. Two French manufacturers had been forced to close their business marketing CBD in electronic cigarette form because the CBD came from the Czech Republic. Accused of violating French law, they were sentenced to suspended prison sentences and a €10,000 fine.
Having appealed this decision in 2018 by referring the case to the Court of Justice of Aix en Provence and the CJEU, it was the latter that ruled before the French justice system did. The result: the ban on CBD is illegal in France. Professionals in the sector now have the right to import and market CBD with impunity, thanks to the principle of the free movement of goods and products within the European economic community.
Entrepreneurs and manufacturers of CBD-containing products are no longer considered drug traffickers. They provide a less processed and healthier product, sought after by many people.
Finally, they are the guarantors of a modern, transparent industry where consumer safety is their priority.
The commercialization of CBD also offers new economic perspectives at a time when France is entering an economic recession due to Covid19.
CBD in France: should we go even further?
This CJEU ruling is a good start, but France is behind. Everything remains to be done in this country where vineyards are king. Cannabis is disturbing because it is not part of French heritage and culture.
However, France has everything to gain by legalizing CBD and promoting it. It is the leading consumer country in Europe but the last still sensitive to the word cannabis and its commercialization.
Fearful, sometimes hesitant and often uncompromising, it's time for France to adopt an economic and health policy that definitively includes hemp for its population.
