Justice is inflicting another setback on the world of CBD. To change the law around the legality of cannabidiol, the French Association of Cannabinoid Producers (AFPC) had referred the matter to the Constitutional Council. According to the chanvriers, French law does not define precisely enough what a “narcotic” is, which allows the government to include CBD in this box. So, still according to the PSAC, the law would be unconstitutional.
But the Constitutional Council is not of this opinion. In its decision rendered this Friday, the Wise Men decide that “The contested provisions, which do not infringe any other right or freedom guaranteed by the Constitution, are in conformity with the Constitution. ”
Reaction to Newsweed from François-Guillaume Piotrowski, President of the PSAC: “It’s not a loss, but it’s a disappointment. “
This decision had nothing to do with the recent government order banning CBD flowers. But the producers and traders were still impatiently awaiting it. A favorable decision would indeed have led Parliament to modify the law, to precisely define a narcotic. This would surely have made it possible to prove that CBD is not one, as claimed by the World Health Organization.
“It opens up interesting perspectives”
Despite this setback, the CBD world is trying to make do with bad luck, good heart. If we look in detail, the decision of the Constitutional Council “Opens up interesting perspectives”, judge the lawyer Frédéric Scanvic, who had brought this file for the PSAC.
“The Constitutional Council went to look for odds and ends in the law to define a narcotic. He tells us that it is a substance with a harmful effect on health and an addictive effect. To my knowledge, no study has found CBD to be harmful and addicting. So I draw the conclusion that it is not a narcotic ”, he smiles.
“The decision gives us grain to grind”, confirms François-Guillaume Piotrowski. With Master Scanvic, they now turn to the Council of State. This time, the objective will be directly to attack the decree of December 30, banning CBD flowers. To have it canceled, they will file a summary suspension next week, on the grounds of the economic emergency.