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EU Beat France, CBD Legal Throughout EU

In a high court ruling with far-reaching implications about EU governance vs member state law, the EU beat France making CBD legal throughout the EU, and setting a precedent for tons of cases in the future. Stay up-to-date in the fast-paced world of legal cannabis. Sign up to our newsletter today so you always know […]

The post EU Beat France, CBD Legal Throughout EU appeared first on CBD Testers.

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In a high court ruling with far-reaching implications about EU governance vs member state law, the EU beat France making CBD legal throughout the EU, and setting a precedent for tons of cases in the future.

Stay up-to-date in the fast-paced world of legal cannabis. Sign up to our newsletter today so you always know what’s going on.

What was the case originally about?

Before we get to the ins and outs of this landmark EU high court ruling, let’s look at the case that forced its way to the top of the EU judicial system. The story starts in 2014 when Sébastien Béguerie and Antonin Cohen were prosecuted under French law for marketing and selling a hemp-derived CBD vape product under the name Kanavape. France has very specific laws regarding the parts of a cannabis plant that can be used (only the fiber and seeds), and the amount of THC that can be in a product. The latter, in fact, is 0% as of 2018, which created an essential ban on CBD oil, since its nearly impossible to create a CBD oil without at least a trace amount of THC. France also doesn’t allow the leaves or flowers of a cannabis plant to be used for preparations of any kind, and the Kanavape product was made from the whole plant.

Béguerie and Cohen were importing and selling a Kanavape product that was made in the Czech Republic. Though this Kanavape product followed all EU mandates concerning the use and sale of CBD products, particularly the parts of the plant used, and a THC content that didn’t exceed .2%, it didn’t gel with French law which disagreed with the parts of the plant used, and the THC in the product. The two were found guilty.

standards. In this case, they did, and in time it was eventually kicked up to the highest court in the EU, the Court of Justice of the European Union (CJEU) in Luxembourg, which had never made a ruling on CBD legality before. Today, November 19th, 2020, the court gave its ruling.

The court was tasked with making a ruling with a lot of further implications. Within the world of CBD itself it would make it impossible for any member state to deny an import that meets EU standards, thus legalizing CBD in all EU countries. The second aspect is that as part of the ruling, the court also had to decide whether CBD itself is a narcotic, thus setting an EU standard for that as well, and forcing that standard on all member states. Last, through these decisions, the EU set a standard for the general trade of products – CBD or anything else – leaving a large space open for new litigation and legislation based on this new case law.

What was the ruling?

As per the title of the article, the EU beat France as the CJEU found that France was in violation of EU law by not allowing products to be imported into the country that meet EU standards. Along with this, the CJEU also made the ruling that CBD is not a narcotic, saying “It does not appear to have any psychotropic effect or any harmful effect on human health.” It went on to say, “The national court must assess available scientific data in order to make sure that the real risk to public health alleged does not appear to be based on purely hypothetical considerations”.

Together, the two aspects of this ruling force a CBD legalization across all EU member states, reinforce that products can freely be traded between EU member countries, and also reinforce a general foundational aspect of the EU, that EU law trumps individual member state law. This, of course, gives a major boost to the CBD industry which has been operating in gray area throughout Europe for quite some time; and a major blow to any EU country that was trying to ban CBD, like Slovakia, which will now also have to allow citizens to use CBD products.

Synthetic CBD is essentially the same thing chemically, but created in a laboratory instead of grown as a plant, and is the basis for a burgeoning synthetics industry, led mainly by pharmaceutical and biotech companies. This industry, in fact, threatens the actual CBD and cannabis industries. The overall lower cost of producing synthetics, over a cannabis plant industry that has grown more expensive through the instilling of infrastructure like regulation and taxation, has made synthetics much more popular. What this means is that France just spent years to fight two guys in court on the basis of selling an unsafe product, when it already allowed that same product to be sold, so long as it was made in a laboratory. Basically, France just fought a fight to allow the pharmaceutical version of CBD to be sold, while banning the plant version. Luckily, the EU beat France.

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But let’s take a closer look at the situation for just a minute. One of the pharmaceutical cannabis products that is allowed in France is Epidiolex, a CBD-derived drug put out by GW Pharmaceuticals. This is the same drug at the center of Italy’s current legislative contradiction. Within the past few months, Italy has had two different government agencies put out opposing mandates. The Agriculture Agency listed CBD as an agricultural product in July, making it freely available for use in tons of products. About two months later, the Ministry of Health decided to list CBD as a medicine, making it only available with permission from the Medicines Agency, thus making it illegal to sell CBD products. This came complete with a warning to providers to take products off of shelves.

This discrepancy was made that much more stomach-turning by the idea that Epidiolex was just about to launch in the country. So now that makes two countries that specifically put out mandates to curb CBD usage, while accepting the pharmaceutical version instead. And funny enough, it was June, 2018 that Epidiolex was approved by the FDA in the US, the same time France made the designation that CBD oil must have 0% THC, creating the essential ban. Maybe it was just a coincidence…

Does all this sound familiar?

The case of France vs the EU highlights the same general controversy that is currently going on in the US, and has been for years. The idea of individual states legalizing cannabis (either medically or recreationally) while it remains illegal by federal standards. While there does seem to be a general upward trajectory in terms of change, starting with the latest Farm Bill which legalized hemp products with a THC content of no more than .3%, this discrepancy between federal and state law has been causing many problems for years. In fact, up until partway through the Obama administration, the federal government was constantly at odds with legal smokers, often putting them in jail even though they were going by their own state’s laws.

CBD is now not a narcotic by EU law, and EU member states must abide by EU mandates concerning CBD usage since the EU beat France in court. All this is fantastic and moving in the right direction, but there is one more thing to consider. In two weeks, there will be a vote on WHO cannabis scheduling recommendations. How that vote goes could very well impact what the EU just decided today.

Resources

Forced Legalizations: EU & France Battle it out Over CBD Laws
Mexico Still Waiting on Its Promised Cannabis Legalization

German Cannabis Flower Market is Ready to Explode
The New Italian Cannabis Contradiction

South Africa Introduces Some of the Most Lax Laws on Cannabis Yet Newest Cannabinoid Powerhouse – CBC – What Can It Do for You?
What is DELTA 8 THC (FAQ: Great resource to learn about DELTA 8THC)

Legal for a Day – The Mahashivaratri Festival and Nepal’s Changing Cannabis Laws
Slovakia Is Only EU State to Ban CBD
The CBD Flowers Weekly newsletter (your top resource for all things smokable hemp flowers)
The Medical Cannabis Weekly newsletter (International medical cannabis business report)
What’s France Up To? New Cannabis Fines and Litigation Over CBD

The Delta 8 Weekly Newsletter (All you need to know about Delta 8 thc) and the Best Black Friday Delta 8 THC Deals 2020. Fly with Cannabis – Which Countries Let You Do It
Is Australia’s Capital Leading the Way for Legal Cannabis Down Under?

Source: https://cbdtesters.co/2020/11/19/eu-beat-france-cbd-legal-throughout-eu/

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Good cbd carts in LA?

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Live in LA so have access to all the dispensaries. Looking for a good cart recommendation as it seems to be the only method that has an effect for me before bed. Currently using a brand called “cannabis by design” 18:1 ratio and like it but I feel like there are better brands out there?

Thanks!

Source: https://www.reddit.com/r/CBD/comments/l0velw/good_cbd_carts_in_la/

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There may still be hope for the ‘not perfect’ USDA final rule on hemp

United States Department of Agriculture’s finalized hemp regulations, which were published on January 15, evoked a variety of responses f…

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United States Department of Agriculture’s finalized hemp regulations, which were published on January 15, evoked a variety of responses from those invested in the industry. In a previous blog post, we covered some of the changes between the final rule and the interim final rule (IFR) that have industry leaders celebrating. However, the final rule might be more of a mixed bag overall.

Although it includes some provisions that are expected to benefit the hemp industry, there are others that may leave industry leaders disappointed, including the requirements for harvest samples to come from hemp flowers, for total tetrahydrocannabinol (THC) testing, and for testing to occur in labs certified by the Drug Enforcement Administration (DEA).

“It does not seem to be clear that it is a definite improvement over the interim final rule but that it is not perfect. It does not go as far as some of the key things we requested,” Jonathan Miller told Marijuana Moment. Miller is the general counsel for the U.S. Hemp Roundtable.

Industry stakeholders reportedly encouraged the United States Department of Agriculture (USDA) to allow pre-harvest samples to come from a greater part of the plant or the whole plant instead of just the flower. The USDA did not include this change in its final rule. Instead, it claims that the flower is the most appropriate place to sample because THC is concentrated there.

Under the final rule, pre-harvest samples must still come from the cannabis flower. However, this requirement has been modified slightly. When the final rule goes into effect on March 22, the samples can be taken from about five to eight inches from the main stem, terminal bud, or central cola of the flowering top of the plant.

Another request made by industry stakeholders was for hemp crops to be tested for delta-9 THC instead of total THC content. Delta-9 THC is the main psychoactive component in cannabis — the component that can make people feel high. Total THC includes the possible conversion of tetrahydrocannabinolic acid (THCA) into THC.

Some reportedly believe that the total THC better represents the sample’s potential to get someone high because it accounts for the cannabinoids that could be activated with heat when the product is consumed through vaping, smoking , or cooking. However, THCA is not psychoactive, and not all products that may be made from hemp would result in THCA being converted to delta-9 THC.

Unfortunately, the USDA maintained that hemp must be tested for total THC content, and that the THC concentration for a legal hemp crop must be below 0.3%.

Perhaps the biggest disappointment to industry stakeholders is that the USDA’s final rule did not change the requirement for hemp testing to occur only at labs certified by the DEA.

“Registration is necessary because laboratories could possibly handle cannabis that tests above 0.3% THC on a dry weight basis, which is, by definition, marijuana and a Schedule 1 controlled substance,” the final rule states.

However, there are not enough qualifying labs available to efficiently handle the number of hemp tests needed in this growing industry, a fact that was acknowledged in the final rule.

The final rule adds, “[S]ince the IFR was published, numerous laboratories have applied for registration and DEA is working diligently to process these requests.”

In the meantime, the USDA is delaying the enforcement of this rule. It was first delayed in 2020, and the final rule extended this delay until December 2022.

Although the USDA’s final rule did include some positive steps, it also lacked several important changes that industry stakeholders were hoping to see.

“USDA seems to have declined to act upon many of the comments submitted, particularly concerning sampling uncertainty, DEA labs and Total THC among others,” Herrick Fox reportedly told Hemp Industry Daily. Fox is the owner of Meristem Farms and a former USDA rulemaker.

“Many are justifiably disappointed by the DEA’s continued (and in some ways expanded) role in the agricultural hemp program,” said Shawn Hauser in a press release. Hauser is a partner and chair of the Hemp and Cannabinoids Department at Vincente Sederberg LLP.

The USDA released its final rule in the last week of the Trump administration, but some industry leaders remain hopeful that the situation regarding hemp regulations may change under the Biden administration.

“We anticipate, as is customary of new administrations, that this rule will be one of many that will be frozen on the first day of the Biden administration,” Larry Farnsworth, a spokesperson for the National Industrial Hemp Council, reportedly told Marijuana Moment.

“We look forward to working through these issues with the incoming Biden administration,” he added.

Sources

[1] https://www.marijuanamoment.net/usda-releases-final-rule-for-hemp-two-years-after-crop-was-federally-legalized/

[2] https://www.federalregister.gov/documents/2021/01/19/2021-00967/establishment-of-a-domestic-hemp-production-program

[3] https://cannabusiness.law/what-is-total-thc-and-does-it-matter/

[4] https://www.ams.usda.gov/rules-regulations/hemp

[5] https://hempindustrydaily.com/hemp-industry-advocates-dish-reactions-on-usda-final-hemp-rules/

[6] https://vicentesederberg.com/press/usda-announces-final-rule-regulating-the-production-of-hemp-in-the-u.s/

Source: https://www.nothingbuthemp.net/post/there-may-still-be-hope-for-the-not-perfect-usda-final-rule-on-hemp

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Alginate Affects Bioactivity of Chimeric Collagen-Binding LL37 Antimicrobial Peptides Adsorbed to Collagen-Alginate Wound Dressings

Chronic infected wounds cause more than 23,000 deaths annually. Antibiotics and antiseptics are conventionally used to treat infected wounds; however, they can be toxic to mammalian cells, and their use can contribute to antimicrobial resistance. Antimicrobial peptides (AMPs) have been utilized to address the limitations of antiseptics and antibiotics. In previous work, we modified the human AMP LL37 with collagen-binding domains from collagenase (cCBD) or fibronectin (fCBD) to facilitate…

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Chronic infected wounds cause more than 23,000 deaths annually. Antibiotics and antiseptics are conventionally used to treat infected wounds; however, they can be toxic to mammalian cells, and their use can contribute to antimicrobial resistance. Antimicrobial peptides (AMPs) have been utilized to address the limitations of antiseptics and antibiotics. In previous work, we modified the human AMP LL37 with collagen-binding domains from collagenase (cCBD) or fibronectin (fCBD) to facilitate peptide tethering and delivery from collagen-based wound dressings. We found that cCBD-LL37 and fCBD-LL37 were retained and active when bound to 100% collagen scaffolds. Collagen wound dressings are commonly made as composites with other materials, such as alginate. The goal of this study was to investigate how the presence of alginate affects the tethering, release, and antimicrobial activity of LL37 and CBD-LL37 peptides adsorbed to commercially available collagen-alginate wound dressings (FIBRACOL Plus-a 90% collagen and 10% alginate wound dressing). We found that over 85% of the LL37, cCBD-LL37, and fCBD-LL37 was retained on FIBRACOL Plus over a 14-day release study (90.3, 85.8, and 98.6%, respectively). Additionally, FIBRACOL Plus samples loaded with peptides were bactericidal toward Pseudomonas aeruginosa, even after 14 days in release buffer but demonstrated no antimicrobial activity against Escherichia coli, Staphylococcus aureus, and Staphylococcus epidermidis. The presence of alginate in solution induced conformational changes in the cCBD-LL37 and LL37 peptides, resulting in increased peptide helicity, and reduced antimicrobial activity against P. aeruginosa. Peptide-loaded FIBRACOL Plus scaffolds were not cytotoxic to human dermal fibroblasts. This study demonstrates that CBD-mediated LL37 tethering is a viable strategy to reduce LL37 toxicity, and how substrate composition plays a crucial role in modulating the antimicrobial activity of tethered AMPs.

Keywords: Pseudomonas aeruginosa; alginate; antimicrobial peptide; collagen scaffold; collagen-binding domain; peptide delivery.

Source: https://pubmed.ncbi.nlm.nih.gov/33463166/?utm_source=no_user_agent&utm_medium=rss&utm_campaign=pubmed-2&utm_content=1zmroqAMnEquTZFTfdGx1V1gPEavo-Be3-FKTecJpOlB7LykCL&fc=20200804213506&ff=20210119175353&v=2.14.2

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