Prohibiting imports of cannabidiol oil (CBD) from other member states is contrary to EU law since there is no scientific evidence that hemp-based products have psychotropic effects, according to a non-binding opinion from the advocate general of the EU\u2019s top court.<\/p>\n
On 14 May, an adviser to the European Court of Justice (ECJ) said in a legal opinion that\u00a0 the import of\u00a0 CBD cannot be banned under the bloc\u2019s free movement of goods.<\/p>\n
CBD is a lighter chemical compound extracted from hemp plants but containing less than 0.2% of the active substance\u00a0tetrahydrocannabinol (THC).<\/p>\n
The legal case concerns the marketing in France of Kanavape, an e-cigarette using CBD oil imported from the Czech Republic, where organic hemp plants were processed.<\/p>\n
Manufacturers of Kanavape\u2019s cartridges were convicted of drug charges and sentenced to 18 months in jail with a fine of \u20ac10,000.<\/p>\n
In response to the French appeals court inquiry, Advocate General Evgeni Tanchev challenged the current French regulatory framework that currently forbids the marketing of products derived from the whole hemp plant, including those containing the lighter chemical compound CBD.<\/p>\n
He argued that this general ban on hemp-derived cannabidiol imports doesn\u2019t respect the precautionary principle, as French government has not clearly identified the harmful, in particular psychotropic, effects involved in the use of CBD oil in electronic cigarettes.<\/p>\n
Tanchev also pointed out that CBD, unlike THC, shouldn\u2019t be considered a narcotic drug under the French Law, an interpretation reinforced by the 1961 United Nations Single Convention on Narcotic Drugs which don\u2019t consider CBD as such.<\/p>\n
The European Court of Justice (ECJ), the EU\u2019s highest court, is not bound by the opinion, but for the most part, its final rulings follow the legal adviser\u2019s lead. The Luxembourg-based court is expected to issue its final judgement in September 2020.<\/p>\n
The opinion represents a symbolic victory for the CBD industry, whose European market is expected to grow 400% by 2023, according to a report from Brightfield Group, a market intelligence firm.<\/p>\n
Co-director of Kanavape Antonin Cohen said that the duration of the proceedings, which took more than 5 years, and the referral to the\u00a0 EU\u2019s top court demonstrates the lack of clarity in the current regulations and the need to provide a clear framework for the production and use of CBD in France and Europe.<\/p>\n
According to the company\u2019s lawyers, the confirmation of the legal opinion by the main Court will have a significant impact on the CBD industry in Europe, as it would not only require France to adapt its legislation but may also force other national regulators to re-examine existing restrictions related to hemp-derived products in light of the free movement of goods within the EU.<\/p>\n
The mention that CBD should not be considered as narcotic drug marks another important milestone, according to ACTIVE, the pan-European trade association for cannabinoids and terpenes companies.<\/p>\n
\u201cIn the past 5 years, CBD consumers and entrepreneurs have been treated by the French state as criminals,\u201d ACTIVE\u2019s executive director Laur\u00e8ne Tran told EURACTIV.<\/p>\n
For her, the court\u2019s opinion is an opportunity for the French and EU industry to continue their efforts towards the professionalisation of the sector. \u201cWe are just getting started,\u201d she pointed out.<\/p>\n
However, the court\u2019s opinion could go beyond e-cigarettes, according to Sita Schubert, General Secretary of the newly-born European Medicinal Cannabis Association (EUMCA), because \u201cit clearly underlines that there shall be an alignment for introducing CDB products to the market.\u201d<\/p>\n
For instance, limit values could be established to define whether a product is a consumer good or target at patients, a system used for other products such vitamins, which become pharmaceuticals beyond a certain threshold.<\/p>\n
\u201cAs for medical cannabis, access to the medicinal product should be facilitated through uniformed legislation and a regulatory approach adopted at a European and country level,\u201d she concluded.<\/p>\n","protected":false},"excerpt":{"rendered":"
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