The Court of Justice of the EU Upholds the Free Circulation of the CBD

The Court of Justice

This was a great decision of the Court of Justice of the European Union and allowed the free circulation of CBD products throughout the EU and the UK. This is also the best way for British users to buy the best CBD flower online on JustBob and enjoy the best CBD products on the market.

What does European law say?

“A Member State cannot prohibit the marketing of cannabidiol (CBD)”. This was decided by the Court of Justice of the European Union, which last November issued a ruling recalling the free movement of goods, including the active ingredient of the cannabis Sativa plant.

The ruling concerned a case from 2014 when French courts convicted a company that traded and distributed a CBD oil e-cigarette for criminal offences. Cannabidiol was produced in the Czech Republic using the whole plant before being imported to France, where e-cigarette cartridges were packaged. The French legislation, however, allows using hemp fibres and seeds for commercial purposes only.

Starting from this case, the Court of Justice of the European Union has ruled that the ban imposed by France on the marketing of CBD products, even if extracted from the whole plant, is contrary to EU law.

“A Member State cannot prohibit the marketing of cannabidiol (CBD) legally produced in another Member State if it is extracted from the Cannabis sativa plant in its entirety and not only from its fibres and seeds”, the ruling reads. The only exception can be justified “by an objective of protecting public health but must not exceed what is necessary to achieve it”.

In addition to recalling the provisions relating to the movement of goods, the Court “observes that the provisions relating to the free movement of goods within the Union (Articles 34 and 36 TFEU) are applicable since the CBD at issue in the main proceedings cannot be regarded as an ‘amazing'”. 

Furthermore, current scientific knowledge has highlighted the lack of psychotropic effects in CBD, which has proved helpful in treating several ailments.

The origin of cannabis in Europe

Cannabis comes from afar. Its origins date back to about 10 thousand years ago, when it was widespread, especially in Central Asia. Then, thanks to the movements of nomadic peoples, the plant spread throughout Asia, also arriving in Africa and, later, in Northern Europe, thanks to the Shiites.

From Northern Europe, cannabis reached the shores of the Mediterranean. In Italy, the plant was used above all in the textile sector, and during the centuries of maritime conquests, Bologna and Florence became famous thanks to their extensive hemp crops.

The Maritime Republics and the British fleet, which had ropes and sails made in Italy, gave a boost to the cultivation and use of the plant. Thus, our country was among the first-world producers of hemp.

But hemp was not only used as a textile fibre. Other properties have already been discovered in Asia, China and India, making cannabis an effective remedy for certain diseases. 

In 1200, Pope John XXI inserted the substance into a treatise on medicine. 

Starting in the 1940s, hemp began to be put aside for the benefit of other materials, including paper and the new fibre from the United States, nylon. 

Furthermore, with the discovery of psychotropic effects, cannabis was looked upon with suspicion until, in 1990, the Consolidated Law on narcotic substances prohibited its cultivation until the introduction of the laws that allow its therapeutic use.

CBD oil in the table of medicines of the Consolidated Law on Narcotic Drugs

In Europe, CBD oil has been classified out of the narcotic lit. This was established by a decree of the Ministry of Health, which entered in the table of medicines all the “compositions for oral administration of cannabidiol obtained from cannabis extracts”.

Thus, oral solutions of substances containing CBD are now part of section B of the table of medicines of the Consolidated Law on Narcotic Drugs, which came into force in 1990.

For this reason, CBD oils and CBD-based capsules and pills can be sold freely in stores. The decree was published a few days later and is already entered into force.

According to the preamble to the single article of the decree, one of the reasons that led to this decision is that “a request for authorization to start is currently being evaluated at the Medicines Agency the marketing of a medicinal product”.

Epidiolex, a drug containing CBD in an oral solution, has already received marketing authorization from the European Medicines Agency (EMA). The inclusion in the table of medicines of the oral solutions containing CBD has received the favourable opinion of the Institute and the Higher Council of Health.

Therefore, cannabidiol compositions for this specific oral use cannot be freely sold in stores. Their marketing will be possible only on non-repeatable medical prescriptions, as the substances will be considered drugs.

These unique oral forms based on CBD will have to be regulated by non-repeatable prescriptions. It should be noted that the Ministry has included some CBD-based substances in the Consolidated Law on Narcotic Drugs table, but not CBD itself, one of the main molecules of cannabis, which has not revealed psychotropic effects and which is known for its numerous beneficial properties.

But, as standard users, we can still order the best CBD flowers and CBD oils online at and fully and legally enjoy the many CBD benefits.

The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of The World Financial Review.