Reims Court of Appeal authorizes 0.2% THC in finished products

If a informatory mission on cannabis use Although the initiative got off to a good start in France—aimed in particular at clarifying the entrepreneurial opportunities surrounding hemp and cannabis—many entrepreneurs are still facing legal challenges in France. However, a recent ruling by the Reims Court of Appeals has set an important precedent and could put an end to any abusive prosecutions.

Possession of narcotics in the form of CBD e-liquid

To summarize the case, Mr. X was raided in August 2018 while he was selling e-liquids CBD in his store. The charges are straightforward: acquisition, possession, and sale of narcotics. Mr. X, represented by Attorney Ingrid Metton, was acquitted at the trial court level on the grounds that his police custody was invalid. The prosecutor appealed this decision. Mr. X was acquitted on appeal in December 2019 due to the 'lack of evidence establishing the material elements of the drug offenses.».

And that's the interesting part. Analyses of Mr. X's products revealed traces of THC, although they could not be quantified and did not constitute a violation.

No offense if THC levels are below 0.2%

On appeal, the public prosecutor’s office bases its decision on the fact that the offense is established only if the THC content in the finished product exceeds 0.20%, «as set forth in the aforementioned decree,» namely the decree of February 24, 2004, amending the decree of August 22, 1990, to application of Article R5132-86 II.

The decision does not set a definitive legal precedent, as it was not handed down by the Court of Cassation, but it may serve as a basis for other appeals. It also confirms the various expert opinions on the subject, and a position that is widely held and defended, even by the general rapporteur of the cannabis fact-finding mission, Jean-Baptiste Moreau.

Cannabis for Wellness: "The sale of CBD with THC levels below 0.2% is permitted. I have a friend who sells it regularly; his main customers are older people who use it for osteoarthritis," he says @moreaujb23.#CVR pic.twitter.com/nv4oyx5XiN

— LCP (@LCP) January 16, 2020