France Finally Agrees With Europe As Appeals Court Overturns Negative Ruling On CBD Sales

Last year, the European Court of Justice ruled that CBD is not a narcotic, which should have opened the doors to legal sales of CBD-infused products in EU member states. But that didn't happen, at least not in France.

Background

The court case is centered around a dispute between French law and the European Union’s single market rules, which allow for the freedom of movement of goods across its 27 member states.

France had prosecuted two men in 2014 for marketing their legal Kanavape-branded CBD vaping products that were imported from the Czech Republic - a member of the EU. They were convicted under France’s national narcotics laws and handed 18-month suspended prison sentences plus fines of €10,000.

Change Of Heart

On Wednesday, reported Reuters, France’s highest appeals court overturned the ruling that had banned all French shops from selling CBD products. Judges ruled that the sale of CBD in France was indeed legal if it had been legally produced in a member state of the bloc.

"Without considering whether the substances seized had not been legally produced in another member state of the European Union, the court failed to provide a basis for its decision," according to the ruling of a lower appeals court.

While the Cour de Cassation, one of France's four courts of last resort, did not rule on whether the sale of CBD in the country was legal, it ordered a lower court to rule again on a case with the owner of a shop selling CBD. 

Sounds Complicated But Results Are Positive

"We are happy", CBD shop owner Mathieu Bensa who was not involved in the case told Reuters after the ruling. "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." 

Despite cannabis use being illegal in France, the country is said to have among the highest consumption rates in the EU, on a par with a very cannabis-happy Spain.

Can Legal Medical Marijuana Be Far Off?

Many European cannabis watchers say it is a distinct possibility that in several years, France will legalize MMJ once it finishes summarizing data being collected during an ongoing two-year medical cannabis pilot program. 

Photo by Léonard Cotte on Unsplash