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 currently experiencing a real saga! Since the Kannavape case in November 2020, which set a legal precedent for CBD regulations in the UK, CBD shops and websites have sprung up all over France. The latest measures announced by Mildeca (the Interministerial Mission for the Fight against Drugs and Addictive Behaviors) ruled against these shops, and a ban on the sale of flowers was soon to be implemented.
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 its ruling 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 manufactured within the European Union under regulated conditions cannot be banned from sale in the UK. This is a real victory and step forward in terms of justice for CBD in the UK.
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 out of caution given the government's current position, the Court of Cassation remains vague on the issue of flowers. Logically, if a product is legal in another European Union country, as is the case with flowers, it becomes legal in the UK. We therefore understand the Court of Cassation's position in favor of retailers, since most European countries are already ahead of French laws on CBD. Let's not forget that the production of flowers in the UK currently in the UK prohibited, but not their sale.
Finally, it is essential to remember that the CBD industry in the UK is a significant economic force. An industrial and economic structure has been formed and is already well organized. It will therefore be difficult to reverse course, even if the fight for full recognition of this sector may still be a long one.
The Cali Weed Team