Kanavape: «France's ban on natural cannabidiol is contrary to European law».»

Following the Opinion of the Advocate General (AG) on the Kanavape trial, Allen & Overy, representing Kanavape co-founder Antonin Cohen, is delighted with this first step.

For Eveline Van Keymeulen, head of Allen & Overy's Life Sciences and Cannabis Regulatory practices, who is assisting Antonin Cohen in the proceedings, the decision could have a considerable impact on the CBD market in Europe if the Court follows the AG's conclusions.

«Given that the Court's decision will constitute binding case law with a European scope, it will require France to change its legislation in order to authorize the marketing of CBD extracted from the whole hemp plant, and may also compel other national authorities to (re)examine existing restrictions on hemp-derived products, in the light of the principle of free movement of goods within the European Union. The Advocate General's conclusions are therefore a crucial step towards the regulatory harmonization and legal certainty that are essential for the CBD industry in Europe. Moreover, clear and proportionate regulation of CBD products will ultimately benefit European consumers,» she comments.

For Allen & Overy, in addition to declaring the general ban on natural cannabidiol (CBD) in France contrary to European Union law, the Advocate General argues for proportionate regulation of CBD products in Europe that is less restrictive to the free movement of goods.

The Court's decision is expected in September 2020.