Cour de cassation rules CBD legal, including flowers, if it's European
In a major judgment handed down this Wednesday afternoon, The French Supreme Court has just clarified the legal situation of CBD in France. According to the country's highest court, the CBD trade in France is authorized, including flowers. The only downside: «if the substances seized had not been legally produced in another member state of the European Union».».
«It's a huge stop!, enthuses Ingrid Metton. I started litigating CBD cases in 2014. I've been waiting 7 years for this ruling.» For this specialist lawyer, « the Court of Cassation ruled that, if the product is legally manufactured in a European country, with THC in trace amounts, it cannot be classified as a narcotic product, even if it's flowers».
«This ruling is important because it definitively establishes in our law that, from the moment a CBD product has been legally produced in another European Union state, it cannot be classified as a narcotic», explains Patrice Spinosi, a lawyer at the French Supreme Court (Cour de cassation) who has been involved in a number of CBD-related cases.
«No prosecutor would dare go against this decision».»
As the Court of Cassation is the country's highest judicial body, its decisions are binding. «There isn't a prosecutor who would dare go against this decision».», According to Yann Bisiou, lecturer at the University of Montpellier and specialist in drug law.
The search and seizure of CBD flowers and oils ended when the Court issued its ruling No. 810. «A store could sue the State for gross negligence».», continues the professor.
The question remains «traces». The Cour de cassation uses the term, without specifying the THC level authorized. «This is the next battle», smiles lawyer Ingrid Metton. According to her, the precise THC level will have to be set either by case law or by the government. «It'll be who strikes first!», she continues.
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