Strasbourg: CBD seller «relieved and happy» after court acquittal

He has «still finding it hard to realize». Stéphane Fischer was prosecuted for selling narcotics. This Strasbourg-based owner of a CBD expected «make it light up». The prosecutor called for eight months' imprisonment and a fine of 150,000 euros. In the end, the court found the 35-year-old Alsatian not guilty.

«I'm a bit on my arse today, admits Stéphane, contacted by Newsweed. I'm glad this story is over, even if I'm still affected. I was placed under judicial supervision for seven months, from November to May. I couldn't work anymore, my company almost went under.»

The manager is now waiting to hear the court's final ruling. Above all, he wants to know whether the Strasbourg public prosecutor will appeal the judge's decision. Contacted by Newsweed, the public prosecutor's office is refusing to make its decision known for the time being.

«Not dead, but a little buried»

Until now, CBD has not been not directly regulated in France. Widely sold in Europe, the hexagonal authorities have been trying since 2018 to restrict its trade in France. That year, the Ministry of Justice, «considering this product to be dangerous to health, sent a dispatch to all public prosecutors and public prosecutors reminding them of the extremely strict conditions for trading CBD». The aim of this circular : «We are also determined to »firmly prosecute those who distribute this product without respecting these rules".

But in November 2020, the Court of Justice of the European Union handed down an important decision: the «Kanavape» ruling». This decision de facto authorizes CBD in France. « I was well aware that I was outside the law with regard to France, but European law takes precedence over French law. French« explains Stéphane Fischer.

This was also the angle taken by his lawyer, Ingrid Metton. The prosecutor, for his part, argued that the Strasbourg-based manager's CBD products contained up to 0.39 % of THC, a measurement established by Customs and challenged by the defense. In any case, French law sets the limit at 0.2 %.

The owner is now considering legal action against the Strasbourg public prosecutor's office. «for moral prejudice». These lawsuits cost him dearly. «Because of the closure, I lost 500,000 euros in sales. If it hadn't been for the lawsuits, I'd surely have opened other stores. I'm not dead, but it did bury me a little.»