In a landmark case for CBD in Europe, the highest court of the EU has ruled that CBD is not a narcotic and that the principle of free movement of goods within the union applies to legally produced CBD products.
The European Court of Justice (ECJ) ruled this morning on a pivotal case involving the legality of CBD within the EU. The case involves defendants Kanavape who have been under prosecution in France for importing CBD to be marketed in vaporiser cartridges. The five judges on the ECJ were to rule whether an EU state can place a ban on the marketing of a CBD product which is legally produced in another state. This case rested on whether CBD is considered a narcotic under EU law, as determined by interpretation of the UN Single Convention on Narcotic Substances.
The ECJ ruled this morning that CBD should not be considered a narcotic under the 1961 UN Convention, as CBD does not “have any psychotropic effect or any harmful effect on human health”. The Court said that while CBD could technically have been included in the legislation set out in the UN convention, banning CBD would be “contrary to the general spirit of that convention and to its objective of protecting ‘the health and welfare of mankind’”. Furthermore, the court ruled that EU states cannot ban the marketing of CBD legally produced in another member state unless a risk to public health “appears sufficiently established”.
Read the full ruling here: https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-11/cp200141en.pdf