The Court of Cassation invalidates the closure of a CBD shop, the “cannabis light”



a Dijon store closed because it sold liquids for electronic cigarettes, oils and other CBD capsules has won its case with the Court of Cassation. (Drawing) – Smith Collection / Gado / Sipa USA / SIPA

A small victory for the economic players of CBD, this non-psychotropic cannabis molecule. On Tuesday, the Court of Cassation ruled in favor of a Dijon store that sold cannabidiol (CBD) products. The “The Pot Company” store, which did not sell hemp flowers, was closed by the authorities in the summer of 2018.

The e-cigarette liquids, oils, capsules and CBD products sold by this store had been seized. Their analysis by the scientific police had detected minute traces of THC, the psychotropic molecule of cannabis, with a rate of less than 0.2%. The two managers had been indicted for several offenses against narcotics legislation, before obtaining the reopening by the courts of their shop in early 2019. A decision challenged by the general prosecutor’s office.

Stop on the commercialization of CBD expected on June 23

The decision of the Court of Cassation comes at a time when France is rewriting the regulations governing the CBD after being asked by the European justice to review its copy. However, it will only have a very limited scope since the Court will not deliver a judgment “of general scope on the marketing of CBD” until next June 23 in another case.

In its decision, the Court considers that the six-month closure was ordered “prematurely” because it was decided “in the absence of an expert determination of the origin of cannabidiol and of the presence of THC in the products seized at- beyond the test carried out by the police. “

Not considered to be narcotic products

Without independent expertise, there was no proof “that the products in question fell into the category of narcotics”, write the judges. “What was defended by the prosecution was that the sale of CBD products, regardless of the level of THC they contain, constitutes a transfer of a narcotic product”, explained Patrice Spinosi, the lawyer of the shop.

“The Court considers that there is no evidence demonstrating the presence of narcotic in this case,” he said. “It probably foreshadows the fact that we can sell CBD products without being considered a narcotic, but we will know more with the next decision on June 23. “

“End of the economic strangulation of CBD shops”

According to Yann Bisiou, president of the L630 association specializing in drug law, this decision marks “the end of the economic strangulation of shops”, which often flowed because of the loss of earnings caused by the temporary closures pronounced against them. .

Now, “justice must be able to prove that the CBD was produced illegally to justify a closure,” observed the lawyer. “And for that, a simple test on the level of THC cannot be enough, the expertise is very complicated and almost impractical. “



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