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cbd court case status

In the light of those factors, which it is for the referring court to verify, it must be held that, since CBD does not contain a psychoactive ingredient in the current state of scientific knowledge recalled in paragraph 34 of the present judgment, it would be contrary to the purpose and general spirit of the Single Convention to include it under the definition of ‘drugs’ within the meaning of that convention as a cannabis extract.

B S and C A are the former directors of Catlab SAS, a company formed in 2014 to market Kanavape, alpha-CAT kits for testing the quality of cannabidiol (‘CBD’) and hemp oil. Kanavape is an electronic cigarette, the liquid in which contains CBD; it was to be distributed via the Internet and a network of sellers of electronic cigarettes. CBD is usually extracted from ‘ Cannabis sativa ’ or ‘hemp’ since that variety naturally contains a high level of it, whilst containing a low level of tetrahydrocannabinol (‘THC’).

19 November 2020 ( *1 )

Combed hemp or hemp fibres otherwise prepared for spinning, generally in the form of slivers or rovings.

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II. – Derogations may be granted from the above provisions for research and testing purposes and the manufacture of derivatives authorised by the Director-General of the Agence nationale de sécurité du médicament et des produits de santé [(National Agency for Medicinal Product and Health Product Safety)].

As a preliminary point, it should be borne in mind that, since the harmfulness of narcotic drugs, including those derived from hemp, such as cannabis, is generally recognised, there is a prohibition in all the Member States on marketing them, with the exception of strictly controlled trade for use for medical and scientific purposes (judgment of 16 December 2010, Josemans, C‑137/09, EU:C:2010:774, paragraph 36).

That discretion relating to the protection of public health is particularly wide where it is shown that uncertainties continue to exist in the current state of scientific research as to certain substances used by consumers (see, to that effect, judgment of 28 January 2010, Commission v France, C‑333/08, EU:C:2010:44, paragraph 86).

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Article L. 5132‑1 of the Code de la santé publique (Public Health Code), in the version applicable to the dispute in the main proceedings (‘the Public Health Code’), provides:

the European Commission, by A. Lewis, M. Huttunen and M. Kaduczak, acting as Agents,

The court complex is well equipped with wifi services, waiting room for Ld Advocates and litigants, mediation center, video conference room and other ammenities encompassing the basic infrastructure required for smooth running of court.

The court complex is situated at “International Finance Center, AA-II, CBD-I, Newtown, Kolkata – 700156” at it’s temporary location. A permanent location is being set up at a short distance and the said property had already been acquired by the department concerned and the further development and construction is under process.

International Finance Center, 2nd Floor, AA-II, CBD-I, Newtown, Kolkata – 700156

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