Criminal defence and compensation for the unlawful seizure of your CBD stock

While France initially prohibited any commercialisation of CBD, its position was overturned by European law.

A first line of case law: the Court of Justice of the European Union

In its judgment BS and CA v Ministry of Public Prosecution and National Council of the Order of Pharmacists, known as the Kanavape case, of 19 November 2020, the Court of Justice of the European Union ruled that a European Union Member State cannot prohibit the sale of CBD legally produced in another Member State within its own territory, except where such a restriction is justified by the objective of protecting public health.

A second line of case law: the Criminal Chamber of the French Court of Cassation, a new step towards recognising the legality of CBD trade in France

In its judgment of 23 June 2021 (no. 20-84.212), the French Court of Cassation applied European case law over national regulations and excluded any criminal liability of CBD sellers.

A third line of case law: the Aix-en-Provence Court of Appeal

In its judgment of 17 November 2021, the Aix-en-Provence Court of Appeal acknowledged the decision of the CJEU as well as the recent ruling of the Court of Cassation by acquitting CBD business owners who had been criminally prosecuted.

This body of case law brought an end to the legal uncertainty surrounding CBD by confirming that the prohibition of CBD trade was incompatible with European Union law.

The Government’s attempt to impose a ban suspended

On 30 December 2021, a decree from the Ministry of Health was published prohibiting the possession and sale of raw CBD.

In its order of 24 January 2022 (no. 460055), the Council of State suspended this decree, considering that the investigation did not show that:

“hemp flowers and leaves whose THC content does not exceed 0.30% presented a degree of harm to health justifying a general and absolute ban on their sale to consumers and their consumption.”

At the same time, on 7 January 2022, the Constitutional Council clarified the criteria defining a narcotic product, namely the existence of a “risk of dependence” and “harmful effects on health”. CBD does not fall within this definition.

Have you been subject to an administrative seizure related to your CBD business?

Have you faced criminal proceedings related to your CBD trading activity and wish to have the administration’s fault recognised?

The LEXSTONE AVOCATS firm, located in Puget-sur-Argens and operating throughout France, assists you in proving the administration’s error and obtaining compensation.