The Court of Justice of the European Union (CJEU) considers that France’s restrictive position on CBD products is contrary to European Law.
In this article, Frederic Lecomte of Stehlin & Associés and the Cannabis Law Team of Mackrell.Solicitors led by Ricardo Geada, examine the Mackrell International Kanavape case, in the light of the decision handed down on Nov. 19. concerning the distribution of electronic cigarette cartridges containing cannabidiol (CBD) in France.
In the original “Kanavape” French case, the owners of a French company (Catlab SAS) were prosecuted for the illegal marketing of vaping liquid containing CBD oil imported from the Czech Republic, where the hemp plant was grown and where CBD was extracted –using all parts of the hemp plant in accordance with the Czech and the EU regulation.
The CJEU’s decision reminds us in a much-awaited way that the free movement of goods between Member States under Article 34 of the Treaty on the Functioning of the European Union (TFEU) is a fundamental principle that can only be limited by Article 36 of the TFEU.