Kanavape judgment to be handed down on November 19

Discreetly placed on the judicial calendar of the Court of Justice of the European Union (CJEU), the Kanavape judgment will be returned on November 19.

Last May, in its preliminary conclusions, The Advocate General concluded that a Member State could not oppose the importation from another Member State of cannabidiol oil extracted from the whole hemp plant. It now remains to be seen whether or not the Court will follow these conclusions.

What impact will Kanavape have on the French CBD market?

The CJEU has the option of deciding, or not, and leaving it to the French courts to do so. In the event of a favorable ruling, the importation and sale of CBD-containing products could no longer be challenged by France. The distinction between CBD from flowers and CBD from seeds and fibres, promoted by the MILDECA without any scientific or legal basis, would also fall. The ruling will also apply to all European countries.

What the Kanavape decision will not do, however, is authorize the cultivation of hemp in France for its flowers and the extraction of CBD from them. CBD vendors, on the other hand, will be free to import and sell products from other EU member states, as established by the principle of free circulation of goods in Europe.