Kanavape: the 3 main implications of the European verdict for France

Last Thursday, the Court of Justice of the European Union (CJEU) handed down its verdict in the Kanavape case. The lawsuit filed by French authorities to ban the sale of a CBD e-cigarette ultimately led to a European clarification of the law regarding CBD; here are the three main implications for France.

CBD is not a narcotic

In its ruling of November 19, the European court therefore ruled that the CBD «cannot be considered a narcotic» because, «according to the current state of scientific knowledge,» this molecule has «no psychotropic effects and no harmful effects on human health.».

In particular, by conducting a thorough and strict interpretation of the 1961 Convention, the CJEU concurs here with the opinion of the World Health Organization, who called for CBD to be removed from international conventions, or the World Anti-Doping Agency, who removed CBD from the list of banned substances. Recently, the United Kingdom and theItaly had also officially refused to classify CBD as a narcotic.

A Member State may not restrict the free movement of CBD-based products

This previous conclusion has a direct consequence: it is impossible to apply any regime to CBD other than the European Union’s rules on the free movement of goods. France cannot, therefore, block the entry into its territory of CBD or products containing it.

Direct consequence for the CBD stores : They will now be able to legally sell CBD-containing products if the CBD—or the finished product—comes from abroad.

The ruling does not directly apply to hemp flowers whose status remains unchanged.

CBD can be derived from hemp flowers

The CJEU ruling also addresses the French position which would consider synthetic CBD legal but not natural CBD—or, if it were, only if it is derived from seeds and fibers. CBD is therefore legal even if it «is extracted from the entire Cannabis sativa [hemp] plant and not solely from its fibers and seeds.».

At the European level, CBD derived from flowers will thus also be permitted for use in cosmetics, which, for the time being, limited the source of CBD to cannabis leaves.