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ARTICLE · 05 JANUARY 2021

EU Court Rules In Kanavape Case: A Big Step Forward For CBD

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On 19 November 2020 the Court of Justice of the European Union ruled on one of the most debated and controversial issues of the moment: the marketing of CBD-based products.

European UnionCannabis & Hemp
Paolo Quattrocchi
Paolo Quattrocchi
Guido Foglia
Guido Foglia
Michelle Pepe
Michelle Pepe

On 19 November 2020 the Court of Justice of the European Union  ruled  on one of the most debated and controversial issues of the moment: the marketing of CBD-based products.

According to the Court, "a Member State may not prohibit the marketing of CBD lawfully produced in another Member State when it is extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds"1.

In its judgment, the Court holds that EU law, in particular the provisions on the free movement of goods, precludes restrictive laws such as the French legislation which is the subject of  the case.

As mentioned in our article of 5/06/2020, " What do we know about CBD? Opinion of Advocate General Evgeni Tanchev – Case C-663/2018",  French national law restricts the cultivation, importation, exportation as well as the industrial and commercial use of hemp solely to its fibre and seeds.

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