Kanavape before the Court of Justice of the European Union

Kanavape is both a story of the tremendous entrepreneurial potential that France could offer the hemp industry and a tale of a country’s failure to break free from dogmatic cannabis prohibition.

In 2014, two French entrepreneurs launched the first e-cigarette in cannabidiol (CBD). If it had been extracted from hops, Kanavape would likely have gone unnoticed by the authorities. But the problem is that CBD is extracted from hemp. The French Order of Pharmacists is taking action, and Marisol Touraine has gotten involved. Kanavape is being prosecuted for several violations, including violations of drug laws.

Convicted at the trial court level, the pioneers filed an appeal. The Court of Aix decided to rule in the affirmative on the preliminary ruling requested by Ingrid Metton, attorney for one of the two founders. The Court of Justice of the European Union (CJEU) will therefore have to decide before the French courts can do so. In particular, the CJEU will be responsible for ruling on whether French law regarding the CBD complies with the principle of the free movement of goods.

The decision hangs like a sword of Damocles over the MILDECA's interpretations and DACG, both of which interpret French law very narrowly and maintain that hemp flowers cannot be sold in France or processed—for example, to extract CBD—even though CBD is legal in France. This is a conundrum that has ensnared several hundred companies that already sell CBD products. And while many brick-and-mortar stores were raided, despite the sometimes serious consequences for business owners, online retailers, and CBD flower delivery services are quietly going about their business—and working hard.

Release tells us that the Kanavape case before the CJEU will be heard today. The CJEU’s decision could exonerate many entrepreneurs. If not, the fact-finding mission launched by Representative Jean-Baptiste Moreau will focus on exploring possibilities over the long term. The CJEU will issue its ruling on March 31, 2020. The Aix Court of Appeals will then resume consideration of the case.

The article has been edited to include the date of the CJEU's decision and its implications.