Court rules that French ban on marketing hemp-derived CBD products contradicts EU law.
The cannabis-derived compound CBD is not a narcotic drug because “it does not appear to have any psychotropic effect or any harmful effect on human health”, the EU’s highest court has ruled.
The decision by the court of justice of the European Union deals a severe blow to efforts by some EU countries to limit the sale of CBD, while simultaneously giving the CBD industry a boost. Many products are currently sold in the EU in a legal grey area.
The ruling was made in relation to the prosecution in France of KanaVape, a company that exports CBD oil made from whole hemp plants.
Under French law, only the fibre and seeds of hemp – a variety of the cannabis plant containing less than 0.2% of the psychoactive cannabinoid THC – may be put to commercial use, not the flower.
The court ruled that the French ban on the marketing of hemp-derived CBD products contradicted EU law on the free movement of goods.