CBD: Prosecutors ask for six months in prison for Charente-Maritime florist

He says «confident» but has a grudge against a «A »parquet floor with no knowledge of the product". Pascal Labiche faces a two-year prison sentence (18 months suspended) and a 30,000 euro fine for selling CBD flowers in his flower store in Vaux-sur-Mer, near Royan. At least, that's what the deputy public prosecutor in Saintes, Charente-Maritime, is asking for. The judge will hand down her decision on April 29. «It's two days after my birthday, so I hope it will be a nice present, laughs Pascal, contacted today by Newsweed.

The story goes back to June 2020. At the time, France was just emerging from its first containment period, during which «non-essential» businesses were closed. This was the case for Pascal Labiche's flower store. He decided to go into cannabidiol to give his business a new lease of life. «We had the right to sell CBD in herbal tea, as we were already selling flowers», rewinds the «Fleurs et Savons» boss.

But the law disagrees. The owner will be questioned three times in police custody, and his store will be sealed for three months before a trial. «It's as if the public prosecutor was ignoring the Kanavape ruling by the European Court of Justice!, regrets the defendant's lawyer, Daniel Bert. This decision, due in November 2020, authorizes CBD in France.

Maximum THC level of 0.16 %

Pascal Labiche's CBD flowers were seized and analyzed by the police. The maximum level of THC is 0.16 %. This is below the legal maximum, set at 0.2% by France. «We bring scientific data that shows CBD is not psychotropic and addictive», continues the lawyer. For the florist, «the public prosecutor considers CBD to be a narcotic».». The decree However, Kanavape has determined that CBD could not be considered a narcotic.

Even if the risk of conviction is low, Pascal Labiche regrets this procedure. «I closed the store for three months, and when I reopened it, I had a deficit of 18,000 euros. Since then, I haven't paid myself a salary. And I've spent 3,000 euros on legal fees. With Covid, we don't need that.»

The public prosecutor maintains his position. «Following the CJEU ruling - known as the Kanavape ruling - French legislation has not been modified. The position of the Saintes public prosecutor's office is to apply positive law», says Christelle Bellet, deputy public prosecutor in Saintes, in an e-mail to Newsweed.

This statement irritates the Syndicat Professionnel du Chanvre (SPC). In a press release, it considers that the CJEU ruling «confirms the legality of CBD under EU law and should serve as a basis for its distribution in France».». The judge in Saintes decided to put the court's decision under advisement, i.e. to give herself time before deciding whether or not to convict Pascal Labiche.