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Landmark ruling confirms that CBD is not a narcotic drug and that Member States may not prohibit its marketing

Landmark ruling confirms that CBD is not a narcotic drug and that Member States may not prohibit its marketing
Published on: 25 November 2020
Published by: LexisPSL
  • Landmark ruling confirms that CBD is not a narcotic drug and that Member States may not prohibit its marketing
  • Underlying French procedure and legal framework
  • Judgment of the Court of Justice
  • CBD is not a narcotic drug
  • CBD benefits from the free movement of goods in the EU
  • EU law precludes national legislation such as the French ban on CBD
  • Impact of the judgment
  • Direct implications for the French regulatory framework
  • Crucial step towards legal certainty and harmonisation of regulations in Europe

Article summary

Life Sciences analysis: The Court of Justice delivered its long-awaited decision in B S, C A (Kanavape) ruling that a Member State may not ban the marketing of cannabidiol (CBD) extracted from the Cannabis sativa plant in its entirety. In the judgment, the court found that EU law, in particular the provisions on the free movement of goods, precludes national legislation such as the French ban on hemp-derived CBD, leaving the final word in this case to the referring French court (the Court of Appeals of Aix-en-Provence). It is the first time that the highest European Court takes a position on the legality of the marketing of CBD and CBD-based products in Europe. Eveline Van Keymeulen, head of the Allen & Overy LLP Life Sciences Regulatory Practice discusses the Court of Justice’s landmark ruling on CBD. or take a trial to read the full analysis.

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