As one ingredient of the cannabis plant, CBD raises the question of whether it is a narcotic.
There is no European legal definition as such, but the UN Single Convention on Narcotic Drugs prohibits cannabis, cannabis resin, CBD extracts and oils and tinctures (except seeds).
At the end of 2020, the CJEU examined the issue and found that CBD from the cannabis plant was not in principle a narcotic substance within the meaning of the convention, since at the time of the judgment it had no psychoactive effect or harmful effects on human health according to the state of scientific knowledge (CJEU, judgment of 19/11/2020, case C-663/18).
As a result, there are now many CBD products available online ranging from CBD oils to CBD flowers (now 100% legal in France) and there are even a variety of CBD products for dogs and other pets. These products can be purchased online, but also in bulk on the Justbob wholesale website.
Thus, a ban on the marketing of CBD could in principle be contrary to the free movement of goods in the EU.
However, this is not an obligation, as the ban can be justified by the objective of health protection by national regulations, provided that it is appropriate, i.e. that health can be protected by such a ban.
In France, the legal situation depends on the law on narcotics
Whether a substance is considered a narcotic is not determined by its actual intoxicating quality or its capacity to be consumed, but by whether it is listed in the relevant schedules of the law.
This is where things get a bit complex and the legal situation can be described as ambiguous. CBD itself is not listed, so synthetically produced CBD should not be subject to drug legislation.
Cannabis (marijuana, plants and parts of plants belonging to the genus Cannabis), on the other hand, is listed in Schedule I and is therefore a non-marketable drug. At least in principle, as there are some exceptions – for example, for medical cannabis, seeds (as long as the purpose is not illicit cultivation) and utility hemp.
A hemp seed product is therefore less problematic from the point of view of drug legislation – hemp seed oil or hemp seed chocolate can be bought in many supermarkets, although this does not in itself mean that it is allowed.
CBD, however, is not produced exclusively from cannabis seeds. If the product is composed of plant parts and is not intended for medical use, the conditions for an exception for industrial hemp must be met.
It must either be an EU-certified variety or have a THC content of no more than 0.2% and the marketing must be exclusively for commercial or scientific purposes that exclude abuse for intoxication.
Food : is hemp seed oil allowed… CBD oil too ?
When it comes to CBD products as food, other guidelines have to be taken into account.
The classification of products and the assessment of their marketability is in principle the responsibility of the state authorities responsible for foodstuffs control.
As a preliminary remark, the Office for Consumer Protection and Food Safety states that it is not aware of any cases where CBD is marketable in foodstuffs.
The food must be safe, as it is neither harmful to health nor unfit for human consumption. In this case, the THC content is important and must not exceed certain limits.
Buying CBD online
It’s worth remembering that CBD oil and CBD in general are legal in France and Europe and that you can easily and legally buy them online from reputable sites such as JustBob.fr.
So, enjoy discovering all the virtues of cannabidiol.
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