Cannabis CBD and Legislation in Europe: What’s the News?

Thanks to new European regulations and laws, the situation and legislation on CBD cannabis have finally unified, making CBD with less than 0.2% THC a completely legal product.

Thus, you can look for CBD hash online and buy your CBD flower, your CBD oils, and other CBD hash on CBD sales sites.

A Member State cannot prohibit the marketing of cannabidiols grown legally in the EU

France cannot ban the marketing of cannabidiol obtained in the Czech Republic from hemp plants grown legally using the whole plant. This emerges from a judgment of the European Court of Justice. It is true that the National Court must examine whether justification by the protection of health is possible. However, according to current scientific knowledge, cannabidiol has no psychotropic effects.

Dispute over e-cigarette cartridges containing cannabidiol:

Cannabidiol (CBD) is a molecule found in hemp (or Cannabis sativa) and belongs to the cannabinoid family. In this case, CBD in the Czech Republic was made from hemp plants grown legally from the whole plant, including leaves and flowers.

It was then introduced in France and raised in cartridges for electronic cigarettes. Criminal proceedings have been initiated against the former managing directors of a company marketing and distributing these cannabidiol oil cigarettes because, according to French law, only hemp fibres and seeds can be used commercially. The French criminal Court sentenced the managing directors to 18 months imprisonment and 15 months probation, and a fine of 10,000 euros each.

ECJ: Violation of the free movement of goods

The Court of Appeal wanted to know from the ECJ whether the ban on the marketing of products containing cannabidiol produced in a recognized and certified manner in an EU member State, if it is obtained from the whole plant of cannabis and not just its fibres and seeds, is compatible with EU law.

The ECJ decided that such a regulation was contrary to EU law. In particular, it violates the free movement of goods. Furthermore, standard agricultural policy regulations are not relevant here, as they apply only to “agricultural products” listed in Annex I of the Treaties.

However, unlike raw hemp, CBD, which is obtained from the whole Cannabis Sativa plant, is not an agricultural product. It, therefore, does not fall within the scope of these regulations.

Cannabidiol is therefore not an “addictive substance”!

The movement of products and goods through the EU (Articles 34 and 36 TFEU) must be applied:

Because the CBD at issue in the main proceedings is not listed as an “addictive substance”. According to knowledge from current research, unlike THC (tetrahydrocannabinol), CBD does not exhibit psychotropic or harmful effects.

According to the ECJ, the ban on the sale and distribution of CBD is a prohibited measure, as it is a legal product and produced in Europe. One justification comes from one of the elements of Article 36 TFEU. The listed reasons of general interest, such as the objective of protecting public health invoked by France, are taken into account insofar as what is appropriate and necessary to achieve this objective falls under national law.

All this also leads us to reflect on the place of cannabis in European countries…

Europe and cannabis: how other EU countries deal with cannabis

Cannabis is the most widely used illegal drug in the European Union. Still, the applicable laws differ from country to country: cannabis is currently authorized as medicine in five member countries.

The chill joint is banned across the EU, and countries deal with violations, but it differs significantly – as does people’s attitude towards legalization.

The particular case of Switzerland

Switzerland considers CBD in their country to have a THC level of up to 1%. It was in 2011 that the government increased this rate from 0.3 to 1%. Thus, if the rate exceeds 1%, the product is considered a narcotic. In addition, federal law prohibits any activity related to cannabis, whether it is possession, manufacture or sale. In case of violation, the person concerned could have to pay a fine or spend 3 years in prison.

However, as of March 2018, possessing no more than 10 grams of legal cannabis is not penalized. The offender may suffer confiscation of his product. However, when you are caught using, you may face the rigours of the law.

Who are the cannabis users?

According to the European Monitoring Center for Drugs and Drug Addiction (EMCDDA), 90 million EU citizens have used cannabis at least once.

 Most cannabis users are in France, where eleven percent of all adults smoke a joint at least once a year. And young people in France are also among the leaders in cannabis use: 29% of schoolchildren aged 15 and 16 said in a European-wide survey that they had smoked weed at least once in the past twelve months.

The same was true in the Czech Republic with 28%, followed by Bulgaria with 25%.

CBD: a natural and legal product

What must therefore be remembered is that cannabis and classic marijuana are still prohibited in France and Europe,

CBD with a THC level of < 0.2% is entirely legal on French territory and its marketing is also legal. You can, therefore easily order your CBD flowers other CBD oils, and other CBD products online on the website, one of the reference sites on CBD in Europe.

Leave a Comment