Judgment of the CJEU – CBD classified as "not a drug"
The Court of Justice of the European Union (CJEU) has ruled that EU Member States cannot prohibit the marketing of cannabidiol (CBD) lawfully produced in another Member State when it is extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds (Case C663/18). This long-awaited judgment also makes it clear that the CJEU does not consider CBD to be a narcotic.
The former directors of Catlab had appealed against the indictments against them on the basis that the French prohibition on the marketing of CBD from the Cannabis sativa plant (where extracted from the whole plant) was contrary to EU law. The Court of Appeal of Aix-en-Provence took account of the fact that (i) CBD does not appear to have any "recognised psychoactive effects" and that CBD was not specifically listed in the Single Convention on Narcotic Drugs 1961 (noting that EU law adopts the definition of cannabis found therein); and (ii) the ANSM concluded, on 25 June 2015, that there was insufficient data to classify CBD as "harmful".
Reference of the Cour d’appel d’Aix-en-Provence
Whilst the CBD and hemp industry will no doubt celebrate this judgment, these businesses should keep in mind that human health and product safety remain a critical issue in the assessment of whether any products can be marketed in the EU. As such, the sourcing of raw materials must be carried out lawfully, and in particular, by using authorised strains of hemp which result in the end products not exceeding the acceptable levels of THC (these differ across Member States and are not always linked to the 0.2% THC threshold of the plant varieties). The UK Home Office for example, considers that end products should not contain more than 1mg of THC in an end product.
On 19 November 2020, the CJEU held that the EU rules on the free movement of goods (Articles 34 and 36 TFEU) preclude Member States from prohibiting the sale of CBD. The Court found that such a measure would amount to a quantitative restriction on imports between Member States. The Court reminded the parties that Member States can only take measures to prohibit the sale of goods against the principle in Article 34 TFEU where such restrictions can be justified on grounds of public interest (such as the protection of life) as set out in Article 36 TFEU. Furthermore, such measures must be proportional and appropriate to the ground being relied upon and must be interpreted narrowly.
The Court of Appeal of Aix-en-Provence queried whether the provisions of the French Public Health Code which prohibit the use of the leaves and flowers of hemp plants, are incompatible with EU law and referred the issue to the CJEU.
I have examined hundreds if not thousands of articles in scientific journals and I never cease to be amazed by the properties and effects of cannabinoid compounds.
Cannabidiol matched those requirements perfectly along with a whole lot more.
Beating the Ban
However I urge and encourage you to do your own research.
You can use Vaping pens to “top up” in pubs, clubs, restaurants, work vehicles and even offices.
My CBD enriched hemp plants are sourced from Europe, they supply hand cultivated 100%
Hemp has been grown for thousands of years for different uses and in recent years it has been shown how this plant could impact our lives in a wide range of applications.
Tenho usado e acho agradável mas a concentração de 5% é muito fraca. Vejo outros óleos com concentrações de 99%. É possível encontrar recargas para Kanavape com mais concentração ou recarregar as usadas com outros óleos mais concentrados?
Other products in Therapeutic CBD
This product is made from legal hemp and does not contain THC or nicotine. CBD is a component of hemp different from THC: it has no psychoactive or euphoric effect, so it is bequeath in most of the world. KanaVape should not be considered as a color relief, treatment or cure for any disease and should not be used by pregnant women, breastfeeding, or when heart problems occur.
Cannbidiol (CBD) and hemp are not listed in the Convention on Psychotropic Substances, the United Nations treaty to control psychoactive drugs, signed by 183 countries. KanaVape uses only the certification of industrial hemp, which contains less than 0.2% THC – the legal limit. KanaVape does not smell like hemp or generate combustion, so it can be used where electronic cigarettes are permitted.
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