The European Court of Justice (ECJ), the EU’s highest court, ruled on November 19th that cannabidiol (CBD) derived from the entire hemp plant was not a narcotic under applicable law. The ECJ found: “the CBD at issue …is not a drug.”

The case involved a CBD product lawfully produced in the Czech Republic being transferred for marketing and sale in France, which had prohibited such activities. French authorities launched criminal proceedings against two individuals involved, sanctioning them with a suspended prison sentence. Meanwhile, the hemp-derived CBD in the products was never found to have the psychoactive THC beyond a legally-permissible threshold. The individuals appealed their convictions on the grounds that France’s prohibition on CBD marketing was contrary to EU law.

The ECJ held that France’s restrictions on CBD marketing were not in line with the free market for goods across EU Member States. According to the ECJ, should French authorities wish to pursue such trade limitations on CBD products in the future, the means chosen must “be confined to what is actually necessary to ensure the safeguarding of public health” and be proportional to the objective pursued, which could not have been attained without such trade limitations.

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Photo of Barak Cohen Barak Cohen

Barak Cohen represents two kinds of clients: companies and individuals facing government enforcement actions and investigations in highly regulated industries, particularly the healthcare and government contracting industries, and companies that need strategic business advice regarding compliance and regulatory matters in the cannabis industry.

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Photo of Tommy Tobin Tommy Tobin

Thomas Tobin’s practice focuses on complex commercial litigation and class action matters involving statutory, constitutional, and regulatory issues in a range of industries, including food and beverage, consumer packaged goods, and cannabis. In the food and beverage sector, Tommy has experience defending false…

Thomas Tobin’s practice focuses on complex commercial litigation and class action matters involving statutory, constitutional, and regulatory issues in a range of industries, including food and beverage, consumer packaged goods, and cannabis. In the food and beverage sector, Tommy has experience defending false advertising claims and consumer protection claims for well-known international corporations.

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