Although France initially prohibited any marketing of CBD, its position was reversed by European law.
· A first jurisprudential aspect, the Court of Justice of the European Union:
The Court of Justice of the European Union, in its judgment BS and CA/Public Ministry and National Council of the Order of Pharmacists, known as Kanavape, of November 19, 2020 states that a Member State of the European Union cannot prohibit the marketing of CBD legally produced in another member state within its national territory, except for the purpose of protecting public health.
· A second jurisprudential aspect, the Criminal Chamber of the Court of Cassation: new stone in the building of recognition of the legality of the trade of CBD in France
In its judgment of June 23, 2021 no. 20-84.212, the Court of Cassation applied European case law to the detriment of national regulations and ruled out any criminal liability of the CBD seller.
· A third jurisprudential section, the Aix-en-Provence Court of Appeal:
In its judgment of November 17, 2021, the Aix-en-Provence Court of Appeal took note of the decision of the CJEU, as well as the recent decision of the Court of Cassation, by releasing the commercial managers of CBD, prosecuted criminally.
This case law puts an end to the CBD saga by affirming the non-compliance of the ban on the trade of CBD with Community law.
· The forced passage of the suspended Government:
On December 30, 2021, an order from the Ministry of Health was published to prohibit any possession and gross transfer of CBD.
In its order of January 24, 2022 (n°460055), the Council of State suspended this decree, considering that it does not follow from the instruction "that hemp flowers and leaves whose THC content is not not exceeding 0.30% would have a degree of harm to health justifying a general and absolute ban on their sale to consumers and their consumption.
At the same time, on January 7, 2022, the Constitutional Council clarified the criteria for defining a narcotic product as presenting a “risk of dependence” and “harmful effects on health”. CBD does not fall within the scope of this definition.
Have you been the subject of an administrative seizure in connection with your CBD business?
Have you been the subject of criminal proceedings in connection with your activity as a CBD trader and you wish to have the administration's fault recognized?
The Lexstone Avocats firm, located in Puget-sur-Argens, which operates throughout the national territory, helps you recognize the administration's error and obtain compensation.