French Ban on CBD Contradicts EU Law, Says European Court Advisor
May 21, 2020
Banning the import of hemp-derived cannabidiol (CBD) oil from European Union member states may contradict the EU law on the free movement of goods, according to an advisor to the Court of Justice of the European Union.
Writing in a nonbinding legal opinion on a French case involving the marketing of a CBD vape product imported from the Czech Republic, Advocate General Evgeni Tanchevhas argues that CBD oil cannot be considered a controlled narcotic drug, and so therefore should be covered under the EU free movement of goods regulations. This would require France to overhaul their current restrictions on CBD import and production.
If the court decides to follow the advocate general’s opinion, it would set a binding precedent that would have a major impact on the European CBD industry, and could lead to further legal challenges in other EU member states with disproportionately tight CBD import restrictions.
. French law and the case of Kanavape
France has some of the strictest cannabis and hemp usage laws within the EU, despite being the region’s largest producer of hemp material. In France, CBD products can only be made from the seeds and fibers of the hemp plant – not the flowers or the leaves – so products made with whole hemp plant extract are prohibited.