CBD is not a narcotic – ECJ creates legal certainty in the EU

Cannabidiol (CBD), a non-psychoactive cannabinoid produced in the hemp plant (cannabis), has gained increasing importance in recent years and has come into sharp focus in society. There has been extensive media coverage on the topic. The molecule CBD has undoubtedly helped the hemp plant experience a kind of resurgence. Many who previously had no use for the hemp plant now see its multifaceted potential. Obviously, not everyone liked this development, and resistance against the natural substance CBD steadily increased. From the perspective of many entrepreneurs, there was a veritable witch hunt, which meant the end for some. Livelihoods were destroyed and jobs eliminated, mostly during a time when the Corona pandemic was already placing significant demands on society and the economy. The story reached its peak a few months ago when the EU Commission reported its intention to classify CBD as a "narcotic," meaning as a drug. The confusion was complete. Entrepreneurs and consumers were outraged and speechless about this untenable potential classification of a non-addictive substance as a drug. “Over the past months, we received hundreds of inquiries from concerned customers and pharmacists. No one could even begin to understand how such a far-fetched statement could come about. There are no facts that justify or support the Commission's initiative. The big question at the end was – does this now mean the end for the natural substance CBD throughout the entire European Union?” reports Dr. Daniel Feurstein, founder of the brand HANAFSAN®.

ECJ Ruling: CBD is not a narcotic – a milestone for the hemp industry

On November 19, 2020, the Court of Justice of the European Union clarified that cannabidiol is not a narcotic. On the one hand, it is established that, according to current knowledge, the natural substance has no harmful or psychoactive properties and thus poses no danger. Consequently, from the court's perspective, the UN Single Convention, which regulates “cannabis” or rather “the cannabinoid THC,” does not apply. With the very sensible justification that the Single Convention aims to “protect the health and well-being of mankind.”

Legal significance for hemp products and manufacturers

A further clear statement from the highest EU court followed regarding the production of cannabidiol. From the authority's perspective, hemp flowers from approved EU industrial hemp varieties and products made from them were often a red flag, depending on the federal state. The UN Single Convention, which generally prohibits “cannabis” – but exempts seeds and leaves of the plant – was used as an argument against CBD manufacturers. This exception was often not taken into account in official arguments or simply overlooked the fact that cannabidiol is also produced in the leaves of the plant. Thus, “cannabis/CBD/hemp” was broadly banned, and products were subsequently confiscated. This ruling today clearly states that CBD can be extracted from the entire legally cultivated plant, including hemp flowers and leaves.

A general marketing ban for CBD is not permissible in the EU

In the press release from the Court of Justice of the European Union, it is finally stated that the substance cannabidiol can only be excluded from trade if available scientific data demonstrate a danger to public health. As of today, November 19, 2020, this is not the case. And based on the exponentially increasing number of scientific publications in recent years that repeatedly underscore the positive properties of the cannabinoid, it is also unlikely that this will change.

Source:
Court of Justice of the European Union, Press Release No. 141/20, Luxembourg, November 19, 2020
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