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LAW: The “Kanavape” e-cigarette case referred to the European Court of Justice

LAW: The “Kanavape” e-cigarette case referred to the European Court of Justice

A new twist has just arrived concerning the CBD e-cigarette case " Kanavape". While a decision was expected by the Court of Appeal on October 23, it finally considered that the French regulations in terms of electronic hemp cigarettes could not be compatible with those of the European Union. 


THE COURT OF APPEAL REFERS TO THE EUROPEAN COURT OF JUSTICE IN THE KANAVAPE CASE


The Aix-en-Provence Court of Appeal, which was due to rule on Tuesday on the fate of two pioneers of the hemp electronic cigarette, seized the European Court of Justice for an opinion, considering that the French regulations could not be compatible with that of the EU.

The two defendants had been sentenced at first instance in January by the Criminal Court of Marseille 18 and 15 months suspended sentence and a fine of 10.000 euros, including for offenses relating to the drug.

As a reminder, these two thirty Marseillais, Sébastien Béguerie, consultant, and Antonin Cohen-Adad, now a business leader in Spain, launched in December 2014, “ Kanavape ", The first electronic cigarette with hemp" 100% legal ". The vapoteuse used an oil containing cannabidiol (CBD), a non-psychoactive molecule of cannabis sativa L. (cultivated hemp), and less than 0,2% of tetrahydrocannabinol (THC), the psychotropic substance of the plant. Their oil respected this maximum rate, as analyzes have shown.


A CONDEMNATION WAITING, TRUE SURPRISE OF THE DAY!


While the general prosecutor's office of the court of appeal had, on September 11, requested confirmation of their guilt and their XNUMX-month suspended prison sentence and a criminal fine, the court created a surprise. " The question arises of the conventionality of the decree of August 22, 1990 in that it restricts the free movement of hemp products to only trade in fibers and seeds and not to products from the whole plant. ", Write the judges, wondering about the compatibility of this decree with European law.

Evoking the recent craze of the CBD ", The Court of Appeal considers that" nothing seems to allow CBD to be classified in the category of narcotics excluded from the list of goods subject to the common market ", as long as it respects the maximum authorized THC rate. The judges recall that in 2017, the World Health Organization recommended removing CBD from the list of doping products. Me Ingrid Metton, lawyer of Sébastien Béguerie, salutes « this first victory for CBD entrepreneurs, a snub for the current repressive policy that is not legally based ».

Source : 20minutes.fr/

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