Is cbd finally legal in Europe? This is what happened in the last november.
The regulations concerning the use and sale of CBD oil and the CBD purchase of all products containing it in Europe differ from state to state. Some consider it to be a legal substance, while others do not.
However, as of 19 November 2020, there is news about CBD products.
It was decided by a decision of the European Court of Justice.
It all started with a judgement in France, which saw protagonists two entrepreneurs who were marketing an electronic cigarette to vaporise CBD products.
Sentenced to more than a year in prison and forced to pay a very high fine, the two entrepreneurs appealed, with a surprising result!
Here is how the story unfolded and why this result was achieved.
Read also: It’s official. The THC limit has been raised to 0.3%.
CBD and European laws: each state decides for itself.
The discourse on the legality or otherwise of the CBD in Europe is still topical and continually evolving.
While only one European law applies to light cannabis, which imposes a maximum THC limit of 0.2% (from 2023 it will rise to 0.3%), as far as the CBD is concerned, things are different.
The EU Member States are still at odds on this issue, and each nation has decided for itself whether or not it is possible to consume, sell and buy cannabidiol products on its territory.
In some European countries, CBD is considered illegal; in others, it is authorised. In contrast, it is regarded as a medicine and can only be used on medical request as a therapy to treat certain diseases and anxiety states.
Probably thanks to a ruling by the European Court of Justice, compared to last November, things will change throughout Europe, also because it has finally been declared that CBD is not a narcotic.
After a series of declarations and demonstrations, the subject of CBD and its derivatives will undoubtedly be addressed from a new perspective, giving hope that the trade and use of this non-psychotropic substance will see the birth of a new and more flourishing era in a short time.
Let us take a detailed look at how the story unfolded.
France vs CBD : this is how the European Court of Justice responded.
It all started in the Marseille court when two contractors were sentenced to 15 and 18 months in prison respectively, in addition to having to pay a 10,000 euro fine.
The reason for the conviction was that they had started trading in an electronic cigarette for spraying CBD products, which had been extracted from the whole hemp plant in the Czech Republic.
France only allows the import and export of seeds and fibres of this plant, while other substances are considered illegal.
It was precisely the cannabidiol-based liquid for electronic cigarettes that got the two French entrepreneurs into trouble, but they immediately thought of using the penalty.
They did the right thing because out of their (successful) story came an international case that challenged many nations’ decision.
Among the numerous interventions of the European Court, two stand out in particular :
- the one that declares that the CBD is not considered as an agricultural product. Therefore the regulations relating to the CAP (Common Agricultural Policy) cannot be applied to it ;
- the second (based on the United Nations Conventions on Narcotic Drugs and Psychotropic Substances) declares that the CBD cannot be considered a narcotic drug.
Also in response to the French statement, that considers CBD to be illegal for the public’s health. Lawyer Evgeni Tanchev (the one who handled the case), stated that an EU Member State could not prohibit one of the other States importing CBD products unless health is at risk.
As this was not the case, the conclusion was that EU legislation is more important than national legislation, so that Europe based companies can market CBD products.
A case study and example for all of Europe.
What happened in Marseille, for apparent reasons, will change the positions of many European states that were against the use and sale of CBD oil or its other derivatives.
Proving that CBD is not a psychotropic substance and that agricultural laws cannot regulate it, it is clear that at this stage many more aspects will have to be taken into account before taking legal action regarding this substance.
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