CBD wins at the Court of Cassation on June 23, 2021
June 23, 2021: The Court of Cassation rules in favor of CBD!
The world of CBD is now experiencing a real saga! Indeed, since the Kannavape affair in November 2020 which set a precedent on the CBD regulations in force in France, CBD shops and sales sites have flourished all over the country. The latest measures announced by Mildeca (Interministerial Mission for the Fight against Drugs and Addictive Behavior) were against these shops and a ban on the sale of flowers was soon to be put in place.
Except that the Court of Cassation ruled on June 23, 2021 and now rules in favor of CBD resellers!
The Court of Cassation issues two decisions in favor of CBD on June 15 and 23, 2021!
In rendering its decision on the case on June 23, 2021, the Court of Cassation explained that a CBD product recognized as not being a drug (and therefore legal) and which is manufactured within the European Union under regulated conditions, cannot be banned from sale in France. This is a real victory and progress in terms of justice for CBD in France.
Regarding the case of June 15, 2021, this is yet another victory for the players in the CBD world, because the Court of Cassation stipulates in its ruling that it is neither the producer nor the distributor who must prove that the product is illegal, but rather the prosecutor who must find evidence that the product is illegal if there is any doubt. So today, it is no longer accusations of drug trafficking that prevail, but the presumption of innocence!
What changes for CBD flowers?
As usual and for a question of prudence in view of the positions of the government currently, the Court of Cassation remains vague on the question of flowers. Logically, if a product is legal in another country of the European Union, as for flowers, it becomes legal in France. We therefore understand the positions of the Court of Cassation to be in favor of resellers since most European countries are already ahead of French laws in terms of CBD. Let us not forget that the production of flowers in France remains prohibited currently but not the marketing.
Finally, it is essential to remember that the CBD industry in France is a significant economic weight. An industrial and economic structure has been formed and is already well organized. It will therefore be difficult to turn back from now on, even if the fight may still be long for full recognition of this sector.
The Cali Weed Team