Cautious professionals, embarrassed government: reactions to the authorization of CBD
They could have been euphoric. In the end, they're much more reserved. In the wake of the Court of Cassation ruling, French CBD players are cautious. The country's highest court authorizes the marketing of cannabidiol as long as it is European. But that doesn't mean legalization.
«Nothing new under the sun!, says Mao Aoust, owner of the CBD High Society franchises. We've seen hundreds of positive court rulings. So, after a while, it's neither hot nor cold for us.»
Ludovic Rachou, President of UIVEC, a union specializing in hemp extracts (sweets, oils, etc.), is also cautious: «It's not a blank check that the Cour de cassation has just given. It's a little more complicated than that. The only interesting point is that the Court clearly shows that French regulations are ill-adapted to European law. »
Flower authorization a «slap in the face» for the government
Nevertheless, many agree on one positive point: the courts have just given CBD flower a legal framework. The same product that the government intends to ban in the near future, as Newsweed revealed in May. This new case law could thwart Matignon's plans to publish the new decree in the next few days, according to our information.
«It's a slap in the face for the government!, insists Aurélien Delecroix, president of the Syndicat professionnel du chanvre. The Court of Cassation confirmed the legality of all products, including the flower. The judicial and European authorities are telling the government: ‘You can't go on like this’. So if they do, it's because they haven't understood anything about the subject.»
Henceforth, the flower is authorized... unless France soon publishes a law banning it, on the grounds of public health. «If this is the case, I can tell you that we will be filing an action for annulment with the administrative court., says Charles Morel, lawyer and President of the new Union of CBD Professionals.
Joined by Newsweed, The MILDECA, the anti-drugs authority under the authority of the Prime Minister, is awkwardly silent. From Jean Castex's office, it's the same story: they are content to take «act» of the Court of Cassation ruling. Discussions will go no further.
Selling only European CBD is going to be complicated
Before the government decree provides an explicit framework for CBD in France, retailers will have to adapt. In particular, they will have to sell only CBD legally produced in a European Union (EU) country, as required by the ruling of the French Supreme Court. This should not be an easy task.
«Currently, for flowers, the top of the range comes from Switzerland. [a non-EU member state], mid-range from the USA. And the low end, from Italy, says a retailer who wishes to remain anonymous. Italians aren't great farmers. There are two or three good organizations, but the rest is misery.»
The same goes for CBD extracts (oils, candies, etc.). According to our information, most come from the USA or Switzerland. Only a small number come from EU member states such as Poland, Romania or the Czech Republic. «From now on, clarification from the government will be welcome».», smiles Ludovic Rachou.
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