Following a complaint by a company producing and processing hemp-based products in the Czech Republic against France due to the latter’s improper withdrawal of its products from the market, they were taken to court and charged with an offence against public health. After this litigation, the European Court of Justice ruled in favor of the hemp-producing company. The ruling is as follows: “a member state cannot prohibit the marketing of cannabidiol legally produced in another member state when it is extracted from the whole Cannabis sativa plant and not only from its fibers and seeds”.

This judgment was claimed by the French hemp producers and industries and the EIHA. This last one already obtained in the European Parliament the increase of the quantity of THC allowed for the cultivations that was at 0.2 % and now this quantity increased to 0.3 %. In this way, there is an improvement in the production system and competitiveness of the crops, giving their products destined for medicinal purposes, edibles or infusions a slightly higher value of THC. The resolution of the European Court of Justice confronts head-on with the European Commission since some European countries question the use of legal CBD products and were considering including it as a narcotic and going back on authorizations that had already been given to products containing CBD in their composition.

European justice forces the return of CBD oils and products

fallo judicial en Europa a favor del CBD

The European Court of Justice clarifies that no member country of the European Union may limit the trade of CBD products as long as they are obtained from flowers and leaves under the established rules and always without exceeding 0.3% THC. The ruling of this European body reads as follows:

“The Court of Justice of the European Union has ruled that states cannot limit the import and trade of CBD obtained from the whole hemp plant (including flowers and leaves) since it cannot be considered a narcotic drug and there is no scientific evidence to limit the free circulation of goods in the European Union market for reasons of health protection, as France claimed,” explains Brotsanbert’s lawyer Joan Bertomeu.

The CBD specialist points out that “the CJEU Judgment resolves a question referred for a preliminary ruling by the Court of Appeal Aix en Provence (France), which was raised in the context of a criminal case against a company selling vape liquid containing CBD extracted from the whole hemp plant”.

“Likewise, the Judgment considers that CBD oil is not an agricultural product and therefore its trade within the European Union is not covered by the regulations on the cultivation of industrial hemp. However, this does not prevent it from circulating freely on the EU market like any other goods, regardless of the fact that it does not come from parts of the plant other than the fiber and seeds, as France claimed. This is so because the CJEU affirms that CBD obtained from licit hemp crops is not a narcotic drug in legal terms and because there is no scientific evidence of any harmful effect on health”.

This ruling should clarify and mark the end of the harassment of CBD producers and allow them to trade their products legally, without fear of seizure.

This ruling also applies in Spain

fallo judicial legaliza el CBD en Europa

In Spain a large number of CBD products are produced in the different tobacconists and establishments where these products are commercialized. Due to the sentence we have mentioned above, the opportunity is open for those establishments, products, industries dedicated to the production and commercialization of legal hemp to proceed to claim the refund and compensation for the damages produced after the illegal seizure of the products.

Although as we know CBD is obtained from Cannabis, the substance that is considered as a narcotic drug is THC in international legislation. That is why only CBD products that exceed the parameters established in the legal framework can be seized, that is why Cannadream products are produced at all times adjusted to these parameters and applying precision agriculture and a large investment in R & D for our customers to obtain 100% legal products and also with the highest purity of CBD in the market.

Hemp is 100% legal within the European Union.

The European Union marks the legality of Cannabis cultivation as long as it is carried out with THC values below 0.3%. The seeds used for its production must be certified and the corresponding fees and licenses must be paid. These data contradict the Convention on Narcotic Drugs, since the only substance that appears is THC and it is the basis on which the claims for the release of the production of CBD products are based.

This is not the first case of jurisprudence

This is not the first ruling in favor of the production of CBD products since, based on the agricultural policy present in the European Union, hemp production is allowed and all its member states must allow it, as well as the extraction of the non-narcotic component (CBD).

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