Skip to content

Menu

ChannelsPublishersSubscribe
LexBlog, Inc. logo
LexBlog, Inc. logo
ProductsSub-MenuBlogsPortalsTwentySyndicationMicrositesResource Center
Join
Search
Close
Join the Movement. Blog 4 Good

European High Court Finds CBD Is Not A Narcotic

By Barak Cohen & Tommy Tobin on December 3, 2020
EmailTweetLikeLinkedIn

The European Court of Justice (ECJ), the EU’s highest court, ruled on November 19th that cannabidiol (CBD) derived from the entire hemp plant was not a narcotic under applicable law. The ECJ found: “the CBD at issue …is not a drug.”

The case involved a CBD product lawfully produced in the Czech Republic being transferred for marketing and sale in France, which had prohibited such activities. French authorities launched criminal proceedings against two individuals involved, sanctioning them with a suspended prison sentence. Meanwhile, the hemp-derived CBD in the products was never found to have the psychoactive THC beyond a legally-permissible threshold. The individuals appealed their convictions on the grounds that France’s prohibition on CBD marketing was contrary to EU law.

The ECJ held that France’s restrictions on CBD marketing were not in line with the free market for goods across EU Member States. According to the ECJ, should French authorities wish to pursue such trade limitations on CBD products in the future, the means chosen must “be confined to what is actually necessary to ensure the safeguarding of public health” and be proportional to the objective pursued, which could not have been attained without such trade limitations.

Photo of Tommy Tobin Tommy Tobin
Read more about Tommy TobinEmail
  • Posted in:
    Cannabis, Featured Posts
  • Blog:
    Cannabis Legal Highlights
  • Organization:
    Perkins Coie LLP
  • Article: View Original Source

Stay Connected

Facebook LinkedIn Twitter RSS
Real Lawyers

Company

  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service

Products

  • Products
  • Blogs
  • Portals
  • Twenty
  • Syndication
  • Microsites

Support

  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center

New to the Network

  • Privacy Compliance & Data Security
  • Startup GC Business Law Insights
  • New York Surrogate's Court Monitor
  • NC Legal Landscapes
  • McGeorge Legal Clinics
Copyright © 2021, LexBlog, Inc. All Rights Reserved.
Powered By LexBlog