For the Court of Cassation, any CBD legally produced in the EU can be sold in France
The French Supreme Court on Wednesday overturned a ruling that stores nationwide could not legally sell cannabidiol (CBD), a non-psychotic compound linked to cannabis that is being researched for various medical applications.
A second decision on CBD (cannabidiol) in two weeks, and another victory for stores selling these products. In a long awaited stop, the Court of Cassation ruled on Wednesday 23 June that, by virtue of the free movement of goods within the European Union (EU), the marketing of CBD in a member state cannot be prohibited if this product is legally produced in another member state.
Based on the free trade of goods within the European Union, the Court of Cassation ruled that the judges could not deem illegal the sale of CBD in France if it had been legally produced in a Member State of the Union.
The EU Court of Justice ruled last year that no national law can prohibit the sale of legally produced CBD in a member state, the French court also said.
Without examining whether the substances seized had not been legally produced in another Member State of the European Union, the court did not provide a basis for its decision, ”she said, referring to a judgment from a lower appellate court.
The Court of Cassation did not rule on the legality or otherwise of the sale of CBD in France, and ordered a lower court to rule again on a case involving the owner of a store selling CBD.
"We are happy," told Reuters Mathieu Bensa, owner of a CBD store, who was not involved in the case, after the judgment.
"We did not understand why France was the last country in the European Union not to have given access to the sale of hemp plants," he said.
Derived primarily from the hemp plant, CBD is increasingly used as a relaxant.
Cannabis-related stocks are gaining increasing interest in global stock markets, notably the Toronto Stock Exchange, after Canada became one of the first major economies to legalize recreational use of marijuana.
Cannabis use is illegal in France, but the country has one of the highest consumption rates in Europe.