CBD cannabis: first acquittal for a store

Placed under judicial supervision and then interviewed on December 20, the managers of the hemp wellness products store Organically Your in La-Roche-Foron were acquitted on Monday. The court thus recognized the validity and, above all, the legality of their commercial approach, a first victory for these merchants who work with hemp.

Traders, not dealers

It all began in June 2018 when the store's products were searched by the gendarmerie. The two partners, William and Julien, were taken into police custody and brought before the sentence enforcement judge at the Bonneville court, where they were placed under judicial supervision, banned from managing or running a business, required to report to the gendarmerie every week and even banned from seeing each other. They are suspected of drug offences, always the same refrain.

Despite the weighty charges, the merchants, convinced of the legitimacy of their approach, did not allow themselves to be intimidated. Far from being drug dealers, William and Julien are seeking to promote local, fair trade in natural products. Nor are they legalization activists, simply traders specializing in hemp-based wellness products (creams, herbal teas, e-liquids...). This nuance is difficult for the police to perceive. According to William, they often confuse hemp with recreational cannabis.

To defend themselves, the two partners called on the services of Maître Boin of the law firm Product Law Firm, specializing in marketing authorization laws for everyday consumer products, and succeeded in asserting their rights. The defense was able to show that the two partners were in full compliance with European law. The law simply stipulates a THC limit of 0.2% for industrial hemp (there is no question of zero THC content in finished products). as interpreted by Mildeca) and the obligation to use seeds registered in the European catalog.

William and Julien are well aware of this legislation, as they respect it to the letter: their products are traceable and made from industrial hemp grown in France from seeds registered in the European Union. As hemp is regulated at European level, the French government does not have the legal means to incriminate these retailers if they are not in breach of European law. Organiquement Votre's products are verified. The managers even carry out counter-expertise by laboratories to check the legality of their suppliers' products. This professionalism was recognized by the court.

«A great step forward»

All is not yet won. An appeal is still possible, and William and Julien may have to go back to court. On the other hand, if there is no appeal, the case will become a precedent in French law. «It's a good step forward», says William, who is delighted that the case will serve the profession, not only retailers but also hemp growers, as the recycling of their waste represents an additional source of income for these farmers. William emphasizes the fact that this contributes to the creation of economic wealth and the development of the French hemp industry, a little idea that is starting to catch on with our politicians. «Macron asked us to innovate, so we innovate and end up in prison,» laments William.

This case comes on the heels of the reopened store in Bordeaux, the one in Le Havre acquitted of selling hemp-derived products (not flowers) and the case Kanavape awaiting trial by the European Court of Justice. Their respective outcomes show that the position of the French authorities seems increasingly untenable, and that their power of dissuasion is waning in the face of retailers' perseverance and ultimately their right.

Incidentally, William and Julien have never shut down, despite being under strict judicial supervision. They are currently working on a collaborative farm project. This situation has not dampened their enthusiasm, despite the considerable losses they have incurred in lost earnings and legal fees. A common pot has been set up to support them financially.