CBD wins at the Cour de Cassation on June 23, 2021
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June 23, 2021: The French Supreme Court rules in favor of CBD!
The CBD world is now living a real saga! Since the Kannavape case in November 2020, which set the precedent for CBD regulations in France, CBD stores and sales sites have sprung up all over France. The latest measures announced by Mildeca (Mission Interministériel de Lutte contre les Drogues Et les Comportements Addictifs) decided against these stores, and a ban on flower sales was soon to be put in place.
Except that on June 23, 2021, the French Supreme Court ruled in favor of CBD retailers!
The French Supreme Court will issue two rulings in favor of CBD on June 15 and 23, 2021!
Issuing its ruling on the case on June 23, 2021, the Cour de Cassation explained that a CBD product recognized as not being a drug (and therefore being 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 a step forward in terms of justice for CBD in France.
With regard to the case of June 15, 2021, it's yet another victory for CBD players, as the French Supreme Court stipulates in its ruling that it's not up to the producer or distributor to prove that the product is illegal, but rather up to the prosecutor to find evidence that the product is illegal if any doubt remains. So today, it's not drug trafficking charges that take precedence, but the presumption of innocence!
What changes for CBD flowers?
As usual, and as a matter of prudence in view of the government's current positions, the Cour de Cassation remains vague on the question of flowers. Logically, if a product is legal in another EU country, as in the case of flowers, it becomes legal in France. It's easy to understand why the Cour de Cassation is in favor of resellers, since most European countries are already ahead of France's CBD laws. Let's not forget that flower production in France currently remains prohibited, but not marketing.
Finally, it's important to remember that the CBD industry in France is a significant economic force. An industrial and economic structure has been formed, and is already well organized. From now on, it will be difficult to turn back the clock, even if the fight for full recognition of this sector may still be a long one.
The Cali Weed team