Derived mainly from the hemp plant, CBD is increasingly used as a relaxant.
The Cour de cassation did not rule whether selling CBD in France was legal or not, and ordered a lower court to rule again on a case involving the owner of a shop selling CBD.
"We are happy", CBD shop owner Mathieu Bensa, who was not involved in the case, told Reuters after the ruling.
PARIS, June 23 (Reuters) – France's highest appeals court on Wednesday overturned a ruling that stores in the country can't legally sell cannabidiol (CBD), a non-psychotic compound related to cannabis that is being researched for a variety of medical applications.
"We did not understand why France was the last country in the European Union that had not given access to the sale of hemp plants", he said.
Based on the free trade of goods within the European Union, the Cour de cassation ruled that judges could not find the sale of CBD in France illegal if it had been legally produced in a member state of the bloc.
The Court of Justice of the EU ruled last year that no national law can prohibit the sale of CBD legally produced in a member state, the French court also said.
However, for political and economic reasons, France has every interest in align with European law, which prevails anyway. Showing a discrepancy between what Brussels recommends and what Paris imposes is indeed confusing for citizens, and not necessarily profitable for trade relations within the EU.
So far, the French state has played the caution with CBD and other products from hemp cultivation. A caution, or rather a reluctance, often difficult to understand when faced with the apparent no danger of taking CBD. Far beyond the opinion of consumers of CBD and those who are in favor of it, this is also the position defended by the CJEU.
2019: legal CBD in France could one day concern therapeutic cannabis
It is on this last point that physical traders offering cannabidiol may have had concerns with French justice. Many of these “coffee-shops” highlighted the low THC content in their products (less than 0.2% therefore) and not in the plant itself. We remind you, in France, the presence of THC in finished products is prohibited.
In France, you can therefore freely sell, buy and consume CBD cannabis without risk of being worried by any control. However, two things remain prohibited:
What indeed seems to pose the biggest problem to European justice is that France is embarking on a witch hunt against CBD, based on not much other than its natural presence in cannabis. The CJEU therefore insists on the real differences between cannabinoids: