Kanavape: the Advocate General upholds the free movement of goods

In the Kanavape trial (summary here), the conclusions of the Advocate General (AG) of the Court of Justice of the European Union (CJEU) were expected this morning. In short, the AG concludes that a Member State cannot oppose the import from another Member State of cannabidiol oil extracted from the whole hemp plant.

Nevertheless, the CJEU may not follow the GA's recommendations.

The AG's full arguments and conclusions can be read here. The latter stipulate that :

1/ Cannabidiol oil does not depend on CAP

2/ The Treaty on the Functioning of the European Union prohibits a Member State from banning the import of cannabidiol oil from another Member State, when this oil is extracted from the whole hemp plant, and not just its fibers and seeds, because, in the current state of scientific knowledge, it has not been established that cannabidiol oil has psychotropic effects.

3/ If there is a risk associated with CBD consumption, the national authority should be able to prove it before restricting the free circulation of goods.

For Yann Bisiou, a specialist in drug law, «it's urgent to wait for the Court's decision before making any comment. My feeling is that nobody wants to make a decision, not the French authorities, not the Cour de Cassation and not Europe. Nevertheless, the Advocate General's conclusions considerably weaken the 1990 decree, to which the French authorities want to attach CBD».

The Court's decision is expected in September 2020.