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From last resort to first intention: Israel announces major reforms for medical cannabis

On Monday August 7, the Ministry of Health published its proposals for the reform of medical cannabis in Israel. These reforms, which should begin to be implemented from December this year, are “great news for tens of thousands of Israeli citizens and for the economy”, according to Health Minister Moshe Arbel.

While some believe that the changes do not go far enough to ensure rapid access for many patients, everyone agrees that this is a positive and significant step forward for the sector.

First-line treatment

The most important upcoming change according to the government is the transition of medical cannabis from a “treatment of last resort” to a “first line treatment”.

From December this year, doctors will be able to issue prescriptions to patients without them needing to prove that they have tried other drugs for a year.

While the change is expected to see Israel’s patient population of 125,000 rise significantly after a steady decline since 2021, some have argued it does little to address the bottleneck caused by the lack of doctors able to prescribe medical cannabis and issue licenses.

Prescription-based model

Another major change that should ease patient access and see patient numbers increase significantly is the removal of the need for many patients to obtain cumbersome and time-consuming government licenses.

Business of Cannabis reported in March that under the new reforms, this problematic licensing structure would be replaced by a new prescription model, run by the country’s four official health insurers.

Participation in a medical insurance plan with one of these four “sickness funds” is compulsory.

At the time, Avihu Tamir, general manager of Kanabo, hinted that these measures could double the number of patients.

This transition is expected to take place in January 2024, but will initially only affect around 10% of patients.

Patients with cancer, Crohn’s disease, dementia, autism, multiple sclerosis, HIV and those who have been given less than six months to live will now be able to get prescriptions from their doctors without need a license.

Critics argued that the measure did not meet the needs of people with post-traumatic stress, chronic pain, fibromyalgia and other conditions, who were at risk of turning to alternatives to opioids.

Speaking to the local newspaper MaarivDr. Ofir Levon, president of the Israeli Society of Toxicology within the Medical Association, said: “This should lead to a situation where the dialogue between the patient and the doctor will be more effective, which will allow them to try to give the treatment without setting too many conditions.

“We are going to proceed in stages, it cannot be done all at once, there is a strong desire for it to be done quickly. HMOs organize for this, but it also takes time. The first steps will take place towards the end of the year.

CBD could be legalized

The reforms will also tackle the gray area surrounding CBD regulation, stating that the government is “studying the possibility” of legalizing it permanently.

Currently, CBD is part of the Controlled Substances Act and is considered a “dangerous drug”.

Starting in February 2024, Israel will “examine the possibility” of removing CBD and other cannabinoids that are not part of the THC family (such as HHC and THCV) from the Controlled Substances Law.

This “refinement of the definition” could limit “only cannabis and psychoactive components with a THC concentration greater than 0.3%” to the Controlled Substances Act.

While this is a significant step forward for the country’s CBD industry, which is far stricter than many European countries despite its progressive stance on medical cannabis, some have expressed disappointment that the The government’s commitment was no more concrete.

Research

The new guidelines also aim to encourage cannabis research, introducing a number of measures to make it easier to approve new research.

The document suggests that “considerable relief from research approval mechanisms” will be introduced by providing a “clear procedure” for initiating clinical trials to prove the safety and efficacy of the substance.

Strict controls on the import of raw materials will be relaxed for research purposes, increasing the genetic diversity available to researchers, although limits on the import of finished products are expected to remain in place.

Packaging and Advertising Restrictions

As well as liberalizing many of the current rules, the reforms will also impose a number of new advertising and packaging restrictions.

Overall, there is a significant move towards the “medicalization” of the industry. The products will be presented as medicines and no longer as consumer goods. As a result, eye-catching colored packaging will no longer be permitted, as a new “defined packaging standard” requiring products to be predominantly one uniform color has been introduced.

According to the Israeli media Cannabis Magazinenew regulations that have yet to be officially released may also ban “tempting” variety names.

The Department of Health said: “The current situation, where there is no defined packaging standard, has led to a wide variety of packaging in different colours, scripts and graphics. »

“This situation has given rise to very marked and unacceptable commercial characteristics in the medical field. Not only does it not promote better medicine, but it distracts the business activity of pharmacies and increases costs for practitioners, which may ultimately affect the price of the product for the patient”.

These packaging restrictions will also impose limits on information about the active constituents of varieties.

Specific percentages of THC and CBD, for example, will no longer be required and may even be prohibited.

The controversial provision, which critics say could prevent patients from choosing the most appropriate products, is seen as an attempt to undermine patients’ growing preference for high-THC strains.

The Department of Health says there is no scientific evidence to say that higher THC levels improve treatment efficacy, and there is some data to suggest that lower doses of THC improve relief from pain. pain.

Will the legalization of medical cannabis in France be included in the PLFSS 2024?

If the PLFSS 2024 will arrive before parliamentarians this fall, negotiations are underway to find out which themes to include in next year’s Social Security budget, and in particular medical cannabis.

The presence of a budget dedicated to the generalization of medical cannabis in the PLFSS would ensure its sustainability, while its absence, if it would not sign its death warrant, would greatly complicate the arrival of medical cannabis in France.

Still obstacles to overcome

Of all the people we contacted, and who wish to remain anonymous, its inclusion is however not self-evident, despite the very positive results of the various reports on the experiment.

Among the obstacles raised, the position of the Minister of the Interior, whose battle against drugs goes beyond the therapeutic and well-being issues of cannabis or hemp-based products.

To add to the complexity of the situation, the Interministerial Mission for the Fight against Drugs and Addictive Behaviors (MILDECA), placed under the authority of Matignon, would play spoilsport and would be reluctant to legalize medical cannabis. .

If the prospect of the legalization of medical cannabis is awaited by French patients, the various currents of decision-making would thus rather go against a generalization of medical cannabis. We are just told that the Ministry of Health would like a generalization, the absence of which would be incomprehensible given the European panorama of medical cannabis with more than 20 countries having legalized one form or another of cannabis-based treatment. And from the German neighbor which, not content with being the first European country in terms of medical cannabis, is currently embarking on its first phase of legalization of cannabis for adults.

End of the experiment: what next?

One of the questions no one wants to answer is: what will happen if medical cannabis is not generalized?

What will happen to the patients now included in the experiment and who have already had to face significant shortages in terms of products? And on a less vital basis, industrialists who have already embarked on medical cannabis cultivation runs, for the moment limited to research, and whose flowers or flower extracts are now destroyed while waiting to have the right to provide them to patients?

According to our information, the inclusion or not of medical cannabis in the PLFSS will be decided before September. For the rest, French patients will have to wait.

Ohio to vote on cannabis legalization in November

The militant group Coalition to Regulate Marijuana Like Alcohol (CRMA), based in Ohio, has won approval for a citizens’ initiative to legalize the cultivation, manufacture, testing and sale of cannabis for residents over the age of 21.

In July, activists submitted 123,367 signatures to qualify for the November ballot, but they actually needed 124,046 signatures. “It looks like we’ve been a bit short in this first phase, but we now have 10 days left to find 679 voters who will sign an additional petition – it will be easy, as a majority of Ohioans support our proposal to regulate and tax adult cannabis use,” CRMA spokesman Tom Haren said at the time.

Activists scrambled to collect the remaining 679 signatures, and submitted 6,545 so that the initiative could be put to the vote.

Tom Haren is confident about the success of cannabis legalization. “We always thought our topic was popular and would be passed regardless of when the election is or who we share the ballot with,” he said.

According to a recent poll conducted by the University of Suffolk, 59% of voters support legalizing the possession and sale of cannabis.

An article published by researchers from theOhio State Universitytitled ” What Tax Revenues Should Ohioans Expect If Ohio Legalizes Adult-Use Cannabis (What Tax Revenue Should Ohioans Expect If Ohio Legalizes Adult Cannabis?) revealed that Ohio could collect up to $403.6 million in annual tax revenue if cannabis were legalized. This is the second time researchers have published a report on the potential impact of legalization in Ohio, which previously estimated the state could gain between $276.2 million (last year’s estimate) and $403.6 million after five years of legalization.

“While these projections are subject to various assumptions, the tax revenue experiences of other states support claims that Ohio has the potential to generate hundreds of millions in tax revenue from a mature tax market. ‘adult use,’ the researchers write. “For comparison, for fiscal year 2021, casinos in Ohio generated gross tax revenue of over $300 million, so it’s possible that cannabis sales in Ohio would generate comparable tax revenue. to those currently collected through the tax on gross casino receipts. »

The researchers concluded that these estimates of annual cannabis tax revenue would be impressive, but would only represent a small percentage of Ohio’s more than $60 billion annual budget. »

In 2020, the only initiative asking Ohioans to vote on cannabis legalization was defeated due to a lack of valid signatures.

Germany launches harm reduction campaign around cannabis

Last week, members of the German government passed the bill that will see the country take its first steps towards cannabis reform.

The Bill, which still needs to be approved by Parliament, plans to remove cannabis from the Narcotics Act and regulate it under the new Cannabis Act (CanG), thus implementing the first phase of Germany’s revised two-pillar approach to legalizing cannabis use by adults.

The first pillar of the Cannabis Act will focus on allowing private, non-commercial cultivation for adult personal use and through Cannabis Social Clubs, associations for the cultivation of cannabis.

It provides for the legalization of private cultivation of up to three plants, with possession of up to 25 grams no longer considered a criminal offence.

Cannabis consumption will remain prohibited for people under the age of 18, with restrictions on quantities and levels of THC for people aged 18 to 21.

To read : Cannabis legalization project in Germany: the key points

This bill seeks to address the country’s failed drug policy, reducing drug-related crime and curbing drug use, while ensuring the long-awaited decriminalization of those who choose to use.

Federal Agriculture Minister Cem Özdemir commented on the decision: “Today this coalition has taken an important step towards a progressive and realistic drug policy: the private cultivation, possession and consumption of cannabis become legal for adults. The law guarantees the long-awaited decriminalization of the many people who only use cannabis for their own use and, at the same time, finally strengthens the protection of minors. In this way, we are removing the business base of the street corner dealer and creating safe, controlled and legal access to cannabis for adults with Cannabis Clubs. »

“At the same time, we will prioritize prevention and health protection to educate our young people in particular about the risks and consequences of cannabis use. With the law, we create a balance between individual freedom and public provision”.

Health Minister Professor Karl Lauterbach and Federal Agriculture Minister Cem Özdemir gave a press conference on Wednesday. Photo: Phoenix/YouTube

“Legal, but…”

The protection of children and young people should be a central element of legislation.

With the government’s decision, the Federal Department of Health launched its first prevention campaign to educate youth and young adults about the potential harms of cannabis use, particularly to the developing brain.

The campaign, which is based on the slogan “Legal, but…”, will be broadcast on the ministry’s digital channels in order to highlight the “apparent contradiction” between legalization and the risks associated with consumption.

Materials made available on the Department of Health website include phrases such as: “Cannabis: Legal, but…not in the mood for a panic attack”; “Cannabis: legal, but… I prefer broccoli” and “Cannabis: Legal, but… dangerous”.

Health Minister Professor Karl Lauterbach said: “The Cannabis Act marks a turning point in what has unfortunately been a failed cannabis policy. The aim is to reduce the black market and drug-related crime, curb the trade in adulterated or toxic substances and reduce the number of users. Consumption remains prohibited for young people and should only be possible to a limited extent for young adults. »

“This restriction is necessary because cannabis is particularly harmful to the growing brain. In order to prevent teenagers from using drugs despite everything, we are already starting an information campaign. No one should misunderstand the law. Cannabis use is legalized. It is no less dangerous.”

A new era for cannabis

The news has been welcomed by many in the European cannabis industry as a “bold step forward”, although some fear that restrictions on associations – such as being limited to “industrial areas” – will be “impossible”.

Niklas Kouparanis, CEO and co-founder of the German cannabis company Bloomwell Group, reacted to the news: “The Council of Ministers did not hold any big surprises, but one thing is clear: Europe’s largest economy, located in heart of the European Union, opens a new era for cannabis. The legislation presented today marks a turning point in the regulation of cannabis within the EU and sets a positive example of what is possible for the rest of Europe and the world. »

The bill will now go to parliament, where the government will vote on whether to pass it. However, with the three-party coalition government in power, Mr Kouparanis hinted that this was a mere formality.

He added: “Now that we have really started the movement, all that remains for the Bundestag is to pass the law. With Chancellor Olaf Scholz’s three-party coalition government, passing the law is expected to be a mere formality, although heated debates are expected in the days and weeks to come. But if the statutory cannabis clubs open early next year, that will be the point of no return – policies to legalize adult use must continue.”

On September 16, the Château de Cherveux (79) will host its first hemp festival

The date is set, the curious and hemp lovers can put this unmissable event in their agenda. The Château de Cherveux, a witness to medieval times, will open its doors and fields wide to welcome the very first National Hemp Festival. This event will bring together enthusiasts, producers, players in the sector and hemp experts around four worlds of hemp: food, well-being, textiles and construction.

On site, round tables, conferences, local and national producers, institutional actors involved in the hemp sectors, brands dedicated to hemp will be gathered in a real “hemp village” around the castle. With on-site catering all day long based on hemp specialties, a hemp beer bar and tastings of all kinds, the party will be in full swing from 8 a.m. to 6 p.m.

Exploring the Past, Celebrating the Future

The timeless charm of the Château de Cherveux, in the Deux-Sèvres, will serve as the backdrop for a day full of discoveries and exchanges. Visitors will have the chance to delve into the history of hemp, an ancient culture with many facets. Through guided tours, they will be able to explore the medieval corridors and discover the fantastic stories of the places. Legend has it that the Château de Cherveux was built in one night by Mélusine.

Cherveux, capital of hemp

The name of the commune of Cherveux would take its origin from hemp, in local patois, “chorve” or “chorbe” designated hemp, formerly abundantly cultivated by the peasants of the region to supply the royal cordage of Rochefort by canal. Hemp was part of the daily life of the inhabitants, this festival will pay homage to it by symbolically declaring Cherveux, the capital of Hemp and celebrating the National Hemp Festival there each year.

Four worlds of hemp

The National Hemp Festival in Cherveux has a colorful program in store. The key players in the hemp sectors, whether producers, craftsmen, processors or professionals, will take part in round tables, tasting workshops, demonstration stands and thematic events. Each universe of hemp will be represented, allowing participants to discover, smell, touch, taste hemp in all its forms and there are many.

1. Construction : Hemp fits harmoniously into the field of construction as an eco-responsible and innovative material. Experts will share their know-how and present achievements that highlight the virtues of this material in sustainable construction. The many applications represent a real revolution in the world of eco-construction. Eddy Fruchard, contractor carpenter will explore the possibilities of hemp during an inspiring conference for the future of construction.

2. Textiles : Let yourself be carried away by the world of hemp fibers and their textile applications. Original creations will reveal the aesthetic and functional qualities of hemp in the fashion and textile industry. Charles Reboux, entrepreneur and consultant for eco-responsible brands, will tell us about the future of fashion and textiles through all the possibilities offered by hemp fibers.

3. Well-being : Immerse yourself in an experience of rest and relaxation thanks to products made from hemp. Explore the benefits of hemp in the fields of cosmetics, aromatherapy and well-being. The world of CBD will be represented by producers from all over France. Charlotte La Diega, pharmacist and cannabinoid specialist, will discuss during a round table with Aurélien Bernard, founder of the site you are reading right now, the virtues of CBD and hemp in all its forms.

4. Food : Hemp invites itself into our plates. Local farmers and craftsmen will make you discover the culinary delights that this plant can offer, hemp seeds in all their forms, shelled, reduced to flour, transformed into virgin oil, or even herbal teas or beers made from hemp flowers, the gastronomic universe of hemp has no limits.

Find out more at https://feteduchanvre.fr

Interested exhibitors can register here.

Cheap CBD: CBD at unbeatable prices and top quality

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Inexpensive and quality

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Quick Hit August 2023: what we missed in recent weeks

Regular Newsweed consumers will have noticed that we have been on hiatus for the past 2 weeks. But since the news does not await us, here is a recap of what has happened in the meantime on the planet Cannabis.

France

French conservatives discovered that Germany was in the process of legalizing cannabis, triggering scientific and factual reactions such as “drugs are bad”, “if it happens in France, it will be worse” or “we don’t cannot legalize dangerous substances/activities”, thereby placing alcohol, cigarettes, sugar or online games in the potential fold of French prohibition. As you will have understood, the detractors of the legalization of cannabis have no argument against it, but act as if. And “forget” – or don’t know? – which Canada legalized in 2018, without the country becoming a den of zombies.

Europe

The German government has adopted the plan to legalize cannabis for adults. However, Parliament must pass the law before it can go into action. Under the proposal, adults would be allowed to possess up to 25 grams, grow up to three plants and acquire cannabis by joining a Cannabis Club. The second part of the legalization project, which would approve the sale of cannabis by retail stores, is not yet in the pipeline.

Almost 2 years after ending cannabis prohibition, Malta has awarded the first 2 Cannabis Club licenses, which will allow them to begin building their cultivation facilities. Once these are completed, the CURA, the Maltese cannabis regulator, will carry out inspections to ensure they comply with the regulations, prior to the start of cultivation. As of June, 26 groups had applied for licenses to open a Cannabis Club. The first Clubs to be launched in the first quarter of 2024.

The Swiss Federal Court has ruled that small amounts of cannabis – up to 10 grams – intended for personal use can no longer be confiscated by the police.

UNITED STATES

The rollout of cannabis legalization in New York State has been put on hold by a judge. A group of veterans has filed a complaint because they believe they are being harmed by the first licenses granted to people who have already been convicted of cannabis. These veterans would also like to be able to sell cannabis. Pending a compromise, no distribution license will be granted in the state.

Michigan cannabis dispensaries sold $275 million in product in July, putting the state on track to hit $3 billion in sales for the year. Michigan had a population of 10 million in 2021.

Last month, the California’s United Cannabis Enforcement Taskforce eradicated over 67,000 illegally grown cannabis plants and seized nearly 4 tons of cannabis products in its fight against the illicit cannabis market.

A recent NHS study found that drinking among 19-30 year olds – including past month drinking, daily drinking and binge drinking – has fallen over the past 10 years in UNITED STATES. At the same time, annual cannabis use among 19-30 year olds is the highest ever recorded by the agency. The survey found that 4% of the cohort had used cannabis in the past year (compared to 25% in 2017), while 11% used it daily (compared to 8% in 2017).

Among adults aged 19 to 30, 8% said they had used hallucinogens in the past year. Five years ago, this proportion was 5% and, in 2012, 3%.

The study also indicates that the consumption of cigarettes, sedatives and opioid drugs for non-medical purposes over the past ten years has decreased among 19 – 30 year olds and 35 – 50 year olds, and that the consumption of amphetamines over the past ten years has continued to decline among 19-30 year olds and increase among 35-50 year olds.

The DEA considers CBD-derived Delta-8 THC to be illegal. According to the agency, “any amount of delta-8-THC obtained chemically is a controlled substance.” Delta-8 THC occurs naturally in Cannabis plants, but only in trace amounts. The vast majority of products containing delta-8 THC are therefore synthesized from hemp-derived CBD.

Canada

Canadian cannabis company Tilray Brands Inc. has acquired eight beer and beverage brands from Anheuser-Busch, moving it into fifth place in the US craft beer market.

Cannabis producer Organigram has entered into an agreement with Guernsey-based 4C Labs to supply dried medical cannabis flower to the UK market.

Rest of the world

Brazil’s Federal Supreme Court has resumed trial of the case that analyzes the constitutionality of criminalizing illicit drug use. After nearly eight years of suspension, the extraordinary appeal returned to the court’s agenda earlier this month and received the fourth vote in favor of decriminalizing the possession of cannabis for personal use in the Brazil.

Australia introduces its first-ever bill in parliament to legalize the recreational use of cannabis nationwide at the initiative of Green senators.

Research

Scotland’s NHS is to fund a £300,000 clinical trial to explore the effects of CBD on endometriosis-related pelvic pain.

One study measured that cannabis use is “significantly associated” with reduced use of unregulated opioids.

Researchers affiliated with the University of California, San Diego have concluded that police are unable to accurately determine THC-induced intoxication during field sobriety tests.

All about Ropp pipes

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In the large family of pipe makers, there are Ropp pipes. If you do not yet know this manufacturer, here is a small article which will make you discover its particularities and its outstanding pipes.

The beginnings of Ropp pipes

It was in 1896 that the first Ropp pipes have been shaped. At that time, cherry wood pipes were popular and that is why Eugène Léon Ropp decided to make his pipes in this material. It is in the Doubs, precisely in Baume-les-Dames, that he will set up his factory. It will employ more than 100 people, all craftsmen or master pipemakers. A little later, several patents were filed, since Ropp held the key to the most pleasant pipe to smoke.

In the early 1900s, the workshops moved to Saint-Claude, home to many great pipe makers at the time. The idea of ​​this move is to change materials and practice creating briar pipes. However, the competition being too strong and the cigarette taking a lot of momentum among smokers, Ropp was forced to close its doors in 1991.

Ropp pipes: towards a new era

Cuty-Fort, well known for having bought Chapuis-Comoy, manufacturer of Chacom pipes, took over the Ropp business a few years later. It must be said that the unique know-how of the master pipe makers at Ropp was recognized by all. Their style as well as their price appealed to many puff smokers. On the other hand, their very classic design, but no less of excellent workmanship, was appreciated by purists.

Ropp therefore became a sub-brand of Chacom, but retained its unique style. From very old briar heads, Ropp designs classic small pipes with horn stems. This French know-how appeals all the more to Americans, who are very fond of this design. Nowadays, Ropp pipes are among the most recognized in France, but also in the world among pipe lovers.

Study: More than one in five French patients with ALS say they use cannabinoid-based products

About 22% of French patients with ALS (amyotrophic lateral sclerosis or Lou Gehrig’s or Charcot’s disease) report using cannabis or CBD oil to alleviate the symptoms of the disease, according to data from a national survey published in the journal Neurology.

Survey participants said that cannabinoids improved their motor skills, reduced pain, improved their mood and overall quality of life. Reported side effects were mild (drowsiness, dry mouth, etc.) and attributed to the classic cannabinoid effect.

“To our knowledge, this is the first study that presents a large questionnaire survey on the ‘real’ situation of cannabis use in the medical context among patients with ALS in France,” the study authors said.

“Our data demonstrates that a significant proportion of ALS patients use cannabis to relieve the symptoms of the disease. … This study underscores the need for further research into the potential benefits of cannabis use for the management of motor and non-motor symptoms of ALS.”

Preclinical models suggest that cannabinoids may delay the progression of ALS and alleviate some of its symptoms. A randomized placebo-controlled clinical trial is currently underway in Australia to determine if cannabis extracts can slow the progression of ALS.

ALS affects around 7,000 people in France. The disease is not included in the French experimentation with therapeutic cannabis.

UK rules CBD flowers not a ‘narcotic’

A landmark judgment from the UK Court of Appeal has set a new legal precedent for UK businesses importing and selling low-THC or CBD hemp flower.

The Court of Appeal made it clear that it did not consider hemp flower with a THC content of less than 0.2% to be a “narcotic”.

Despite this, due to the timing and complexity of the case, the UK is far from definitive freedom to import and sell low-THC flowers.

As Robert Jappie, Life Sciences Associate at Fieldfisher, explained to Business of Cannabis: “It doesn’t give these companies the green light to go ahead and trade openly, but, at the same time, I think it significantly reduces their risk of criminal prosecution.”

The case

Uncle Herba UK online CBD flower retailer run by Eleanor Margiotta and Dean Taylor, had a consignment of CBD flower imported from Italy intercepted by customs in September 2019.

A year later, the owners were arrested and charged with “knowingly participating in the fraudulent evasion of a ban on the importation of goods”, as well as “participating in the supply of cannabis to others”, effectively accusing them of being drug traffickers.

The charges, which would have been ‘devastating’ for the owners, resulting in the closure of the store, were disputed by Ms Margiotta, who represented herself in court after being initially refused representation.

UK police forces classify all Cannabis Sativa flowers, regardless of their THC content, as a controlled substance, a piece of drug abuse law that has long plagued the CBD and hemp industries.

Despite this, Ms Margiotta managed to argue that under EU law, which at the time prevailed over UK law, it was illegal to impose restrictions on the movement of Cannabis Sativa, or hemp, with a THC level of less than 0.2%, since it was an agricultural product.

THE Misuse of Drugs Act was therefore considered a restriction on the movement of hemp, and the Crown Court ruled that no offense had been committed.

THE Crown Prosecution Service (CPS) then appealed against this decision, the decision then being brought before the Court of Appeal, the highest court in the country, where the decision was upheld.

As Mr. Jappie explained: “The judgment has now established a precedent. Normally, one cannot rely solely on a decision of the Crown Courtbut the fact that it was taken to the Court of Appeal and reconsidered and reaffirmed means that it is now a precedent that other companies and people can build on”.

Implications and limitations

Key to Ms Margiotta’s success is that the deals took place before the UK officially left the EU on January 31, 2020, when EU free movement of goods laws still applied.

This means that cannabis companies that have been or are currently being investigated for activities carried out after the deadline “will not be able to make the same argument”.

Mr Jappie explained: “The UK is not a member of the EU. The freedom of movement of persons, the freedom of movement of capital and the freedom of movement of goods therefore do not apply, and this is indisputable”.

However, companies in a similar situation who have been charged or are under investigation for offenses committed before the deadline can now say with confidence that they should never have been convicted or pleaded guilty, because of this new ruling.

A potentially powerful decision

Although he advised CBD sellers not to get carried away and take the move as a sign that they can trade freely, Mr Jappie said he believed the decision was still “potentially very powerful”.

He added that “the fact is that the courts have confirmed that CBD flower does not contain enough THC to be considered a narcotic and therefore the government should not control it as a narcotic.”

“I think this will cause considerable problems for the CPS in similar cases in the future. When deciding on a charge, a two-step test must be conducted. Is there sufficient evidence to prosecute and is it in the public interest to prosecute? And if the product is considered not to be a narcotic and people are not taking drugs with it, then where is the public interest in prosecuting these people as drug traffickers? »

“If I were currently being investigated or prosecuted for offenses related to CBD flowers, I would ask my lawyers to pressure the CPS to reconsider its position in light of the Court of Appeal ruling. »

“The Court of Appeal asked the following question: why are we using narcotics legislation to prohibit a product which is not a narcotic?

“It’s potentially very powerful. It could force the government to act and give some kind of statement on why it is currently acting in this way, and could result in a decision similar to that of France”.