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European Court of Justice Rules CBD not a Narcotic

The post European Court of Justice Rules CBD not a Narcotic appeared first on Cannabis Lawyer – Tom Howard – Law Firm for Marijuana & Hemp Businesses.

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European Court of Justice Rules CBD not a Narcotic

European Court of Justice Rules CBD not a Narcotic,  opening a new window for a reform on CBD regulations in France and all over Europe and may force other national regulators to reexamine existing restrictions related to hemp-derived products in the EU.

The case in subject is the popular French Kanavape case, involving the two directors of Catlab SAS, who were prosecuted and fined for selling Kanavape, a vape product marketed in France that contains CBD legally grown, extracted and supplied from the Czech Republic.

This European Court stated that when taking into account the ‘purpose and general spirit’ of the 1961 UN Single Convention, CBD should not be considered a narcotic as CBD does not “have any psychotropic effect or any harmful effect on human health”. Especifically, the court ruled that EU states cannot ban the marketing of CBD legally produced in another member state unless a risk to public health “appears sufficiently established”.

Here is the full text where the European Court of Justice Rules CBD not a Narcotic

European-Court-of-Justice-Rules-CBD-not-a-Narcotic

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Background of The Kanavape Case

The Kanavape case originated with a 2014 dispute between Catlab SAS and the National Agency for the Safety of Health Products in France over the marketing of a CBD vape product whose contents were legally imported from the Czech Republic.

France doesn’t allow the marketing of products derived from the hemp flower or the entire plant. Under their public health code, whole-hemp products are prohibited. Only end products from stems and seeds are permitted and CBD produced from hemp flowers fall under narcotics legislation, although synthetic CBD does not.

This case was appealed on the grounds of whether preventing the products’ sale violates European Union’s single market principles. Since the CBD used in the products was extracted from legally-grown Czech hemp, the Court of Appeal in Aix-en-Provence forwarded the case to the EU Court of Justice, to rule on the compatibility of French and EU law in the case.

European Union Movement of Goods

EU law establishes the free movement of goods within the Union, save for exceptions like the protection of public health. Narcotic drugs fall into this category, which may only be produced and traded under tight control for medical purposes. As part of its ruling, the CJEU considered whether hemp flower-derived CBD can be considered a narcotic under international treaty definitions – given that if so, France would be entitled to prohibit its sale.

“It should be recalled that the free movement of goods between Member States is a fundamental principle of the FEU Treaty which is expressed in the prohibition of quantitative restrictions on imports between Member States and all measures having equivalent effect”

The court also stated about the decision to prohibit marketing of products that were manufactured lawfully by another EU state, deciding that it can be adopted exclusively if a real risk alleged for public health is demonstrated.

“A decision to prohibit marketing, which indeed constitutes the most restrictive obstacle to trade in products lawfully manufactured and marketed in other Member States can be adopted only if the real risk alleged for public health appears sufficiently established on the basis of the latest scientific data available at the date of the adoption of such a decision. In such a context, the object of the risk assessment to be carried out by the Member State is to appraise the degree of probability of harmful effects on human health from the use of prohibited products and the seriousness of those potential effects (judgment of 28 January 2010, Commission v France, C-333/08, EU:C:2010:44, paragraph 89)”

EU Court of Justice Interpretation

The Court decided to interpret the matter precluding national legislation which prohibits the marketing of CBD lawfully produced in another Member State when it is extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds, unless that legislation is appropriate for securing the attainment of the objective of protecting public health and does not go beyond what is necessary for that purpose.

“It appears to the referring court that, since the level of THC in the hemp marketed lawfully in other Member States is lower than 0.2%, as is the case in the main proceedings, CBD cannot be classified as a ‘narcotic drug’. Indeed, according to the judgments of 26 October 1982, only a product whose harmfulness is demonstrated or generally recognised and whose importation and marketing is prohibited in all Member States may be classified as such.”

European Court of Justice Rules CBD not a Narcotic

The decision was clear that CBD is demonstrated to not be a harmful product, meaning french prohibitions to its marketing in the aims of protecting public health could not interfere with the European Union’s principle of Free Movement of Goods.

European Court of Justice Ruling CBD not a Narcotic appears to go farther than impacting the French regulations, It’s possible that the ruling will encourage lawmakers to change the regulations for domestic cultivation and processing of hemp for CBD. More important, the European Union’s Court of Justice rulings create a binding interpretation of EU laws for EU Member States and institutions even if they were not involved in the specific ruling, meaning this case interpretation applies to other EU countries where hemp-derived CBD is restricted.

Don’t miss out on our Marijuana Legalization Map where you can browse the current status of laws in every state in the United States and see all our posts on each of them.

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cannabis industry lawyer

316 SW Washington St, Suite 1A Peoria,
IL 61602, USA
Call Us 309-740-4033 || e-Mail Us tom@collateralbase.com

cannabis industry lawyer

150 S. Wacker Drive,
Suite 2400 Chicago IL, 60606, USA
Call Us 312-741-1009  || e-Mail Us tom@collateralbase.com


Source: https://www.cannabisindustrylawyer.com/european-court-of-justice-rules-cbd-not-a-narcotic/

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Fight disease with Dagga Olie

People are already aware of the amazing influence CBD oil has on our health. But there are probably some uses you did not know about: Asthma People all over the world suffer from this respiratory disease and some even die from it. Dagga olie contains anti-inflammatory properties and will dilate the bronchial tubes which then […]

The post Fight disease with Dagga Olie appeared first on CBD Oil Cape Town – Natural Therapy SA.

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People are already aware of the amazing influence CBD oil has on our health. But there are probably some uses you did not know about:

  1. Asthma

People all over the world suffer from this respiratory disease and some even die from it. Dagga olie contains anti-inflammatory properties and will dilate the bronchial tubes which then allows more oxygen flow, enabling the patient to breathe.

2. Crohn’s disease

Crohn’s disease is an auto-immune disorder which is an anti-inflammatory disease of the gastrointestinal tract. Because of the inflammation, the gut cannot absorb nutrients, Those suffering from this disorder are able to benefit from the use of dagga olie as it promotes calming, boosts the appetite, heals the gut and reduces the inflammation.

3. Fibromyalgia

Fibromyalgia is a disorder characterized by widespread pain and tenderness, fatigue, mood issues and insomnia. Dagga olie is able to treat the pain and inflammation, enhance better sleep quality and ease anxiety and fatigue.

4. Schizophrenia

CBD oil is a safe and well tolerated alternative. CBD oil contains an anti-psychoactive compound which is used for the treatment of many mental states including psychosis. It is extremely effective in the early stages of Schizophrenia.

If you would like more information, please contact me by email debby@naturaltherapy.co.za

Source: https://naturaltherapy.co.za/2021/01/27/fight-disease-with-dagga-olie/

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Auxly Cannabis – The Clear Cut Way To Play Canadian Cannabis 2.0

The legalization of cannabis derivative products in late 2019 by Health Canada is proving to be a major value drive for companies that are levered to the burgeoning vertical and is a trend that we are bullish on. Many brokerage firms and research analysts refer to this era of the industry as cannabis 2.0 and […]

The post Auxly Cannabis – The Clear Cut Way To Play Canadian Cannabis 2.0 appeared first on Technical420.

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The legalization of cannabis derivative products in late 2019 by Health Canada is proving to be a major value drive for companies that are levered to the burgeoning vertical and is a trend that we are bullish on.

Many brokerage firms and research analysts refer to this era of the industry as cannabis 2.0 and we consider this vertical to be one of the most exciting aspects of the Canadian cannabis industry.

One of the biggest surprise winners of the Canadian cannabis 2.0 market has been Auxly Cannabis Group Inc. (TSX.V – XLY) (CBWTF), a leading consumer packaged goods (CPG) company in the cannabis products market.

Last week, Auxly reported a major milestone and announced that it had the largest market share of cannabis 2.0 products in 2020. The data was confirmed by Headset Canadian Insights data which is considered to be a leading data aggregator for the legal cannabis industry. We consider this to be a major achievement for Auxly and is a development that captured our attention.

According to Headset Canadian Insights, Auxly had a 19.2% share of the total vape market and a 12% share of the total edibles market. These two market segments were significant enough for Auxly to capture the largest amount of market share and we expect the company to launch new cannabis 2.0 products this year.

The performance of Auxly’s vape products in 2020 was impressive and was the best performing segment of the business. According to Headset Canadian Insights, Auxly had 23% of the national vape market share in the fourth quarter and we will monitor how the trend continues in future quarters.

With these results, Auxly has proven its ability to execute on the cannabis 2.0 market as well as its dedication to selling premium differentiated and innovative cannabis products. Going forward, we expect the cannabis 2.0 market to serve as a major revenue generator for the entire business and will be closely monitoring this aspect  of the operation.

One of the developments that helped Auxly achieve this milestone is related to the completion of the second-floor expansion at its Dosecann facility. The completion of the expansion made it so the company could significantly increase production, fulfillment rates, and the sale of cannabis products.

In 2020, Auxly introduced several new cannabis products to the market with the launch of the Back Forty brand, Foray Hard Maple Caramels, Dosecann Capsules, Kolab Project Cherry Cola Pop milk chocolates and Kolab Project 232 Series live terpene vape cartridges. Going forward, we expect the company to bring additional 2.0 products to market and will monitor how the product line continues to gain traction.

We believe that Auxly is an opportunity that has been flying under the radar. We attributed the muted response to how the company used to operate but believe that the business could be turning a quarter. If Auxly is able to build off this momentum, we expect to see more interest in the opportunity and we will continue to closey follow the story.

If you are interested in learning more about Auxly Cannabis Group, please send an email to support@technical420.com with the subject “Auxly Cannabis Group” to be added to our distribution list.

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Michael Berger

Michael Berger is Managing Partner of StoneBridge Partners LLC. SBP continues to drive market awareness for leading firms in the cannabis industry throughout the U.S. and abroad.

Source: https://technical420.com/cannabis-article/auxly-cannabis-the-clear-cut-way-to-play-canadian-cannabis-2-0/

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USDA Final Rule on Hemp

The post USDA Final Rule on Hemp appeared first on Cannabis Industry Lawyer – Tom Howard.

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USDA Final RuleUSDA Final Rule on Hemp was finally released on January 15, 2021 based on the previous set of USDA hemp regulations that drew public comments from almost 6,000 people. USDA Final Rule on Hemp will be effective on March 22, and is currently available for viewing in the Federal Register.

This time, the latest USDA Final Rule on Hemp makes several highly praised changes, superseding the DEA interim final rule (IFR), that are seen as favorable to both hemp producers and regulatory authorities.

Although contentious aspects of the IFR remain, industry members are hopeful they will be amended in time, and this could represent a new era of more industry friendly regulations.

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What Does USDA Final Hemp Regulations Say

This USDA Final Rule on Hemp includes regulations to approve plans submitted by States and Indian Tribes for the domestic production of hemp. This rule also includes regulations on the Federal hemp production plan for producers in States or territories of Indian Tribes that do not have their own USDA-approved plans.

 The program provides requirements for maintaining records about the land where hemp is produced, testing the levels of total delta-9 tetrahydrocannabinol, disposing of non-compliant plants, licensing hemp producers, and ensuring compliance under the new program.

The USDA Final Hemp Regulations on Sampling

The USDA Final Rule on Hemp made several changes to sampling that should reduce burdens on both growers and authorities.

After many public comments stating that 15 days was far too little time to collect an appropriate amount of samples from each producer in the state, the rule increased the sampling window. Samples for testing now need to be taken up to 30 days before a farmer plans to harvest.

The rule also slightly modified from where on the plant samples need to be taken. While the IFR required collecting a sample from the top third portion of the plant, USDA Final Rule on Hemp determines samples should be taken “approximately five to eight inches from the ‘main stem’, ‘terminal bud’, or ‘central cola’ of the flowering top of the plant.”

This will allow sampling agents to collect more stem and leaf material than previously allowed and reduce instances of hot crop, given that  stems and leaves typically contain lower levels of cannabinoids, and THC, than the flowers.

Sampling protocols may take into account:

  • seed certification processes that identify varieties that have consistently produced compliant hemp plants;
  • whether the producer is conducting research on hemp at an institution of higher learning or that is funded by a federal, state or tribal government;
  • whether a producer has consistently produced compliant hemp plants over an extended period of time;
  • whether a producer is growing “immature” hemp, such as seedlings, clones, microgreens or other non-flowering cannabis, that does not reach the flowering stage;

SamplingGuidelinesforHemp

 

The USDA Final Hemp Regulations on Testing

Unfortunately, The USDA Final Rule was not as generous answering one of the most highly requested changes in public comments: increasing the limit of THC on hemp. The final rule retains that hemp must remain below 0.3% total THC on a dry-weight basis.

Total THC is defined as the sum of the delta-9 THC and tetrahydrocannabinolic acid. On its own, tetrahydrocannabinolic does not produce psychoactive effects like delta-9 THC, but it can be converted to THC through decarboxylation, which is the process required for testing.

While the final rule implemented generally positive sampling changes for the industry, THC testing will, for the most part, remain burdensome. 

The USDA was unable to change the limit previously established, as that limit was written into law in the 2018 Farm Bill.

However, legislation has already been introduced at the federal level by Sen. Rand Paul to amend that limit to 1%, which would finally put an end to the total THC versus delta-9-THC debate.

Another burdenson regulation that was heavily criticized in the public comments was the requirement for labs testing hemp to be registered with the U.S. Drug Enforcement Administration (DEA).

“Although AMS received comments in opposition to this requirement, AMS is retaining the requirement in this final rule that any laboratory testing hemp for purposes of regulatory compliance must be registered with DEA to conduct chemical analysis of controlled substances… ,” the final rule states. “Registration is necessary because laboratories could potentially handle cannabis that tests above 0.3 percent THC on a dry weight basis, which is, by definition, marijuana and a Schedule 1 controlled substance.”

 The USDA announced the delay of the requirement for labs to be registered by the DEA back in 2020, along with others outlined in the IFR, that delay was extended under the USDA Final Rule until December 2022. There is no need to read too much into the situation, but it could mean some acknowledged that those provisions are not necessarily right.

One very positive change made by the USDA Final Rule on the testing front: The negligence threshold was raised from 0.5% to 1%, which means if hemp tests above 0.3% but below 1%, it will still need to be disposed of or remediated, but will not be considered a negligent violation 

  • Those with crops testing at or above 1% THC will receive a Notice of Violation from the USDA
  • Producers with more than three negligent violations within a five-year period will be ineligible to participate in the licensed hemp program for the next five years.
  • Producers are only subject to a maximum of one negligent violation per year, even if their hemp from multiple lots tests up to 1% THC.

If hemp does test “hot” above the 0.3% THC limit, the final rule has given producers additional options for disposal beyond the total destruction written into the IFR.

States now have several options for more productive and less wasteful methods of disposal that can result in useful soil amendments. Those include:

  • plowing under
  • mulching/composting the hemp
  • disking
  • shredding the biomass with a bush mower or chopper.

Producers may also bury or burn their hot hemp. (The AMS implemented these additional options in early 2020, but they were not written into the IFR.)

The final rule implements a brand-new option for hot crops: remediation.

The rule states producers can remediate their material by “removing and destroying flower material, while retaining stalk, stems, leaf material, and seeds.” Producers may also shred the entire plant to create a “biomass-like material” and then retest it for compliance.

Producers also no longer need to use a DEA-registered distributor or law enforcement to dispose of hot hemp.

USDA Final Rule on Hemp and Remediation

The IFR did not provide additional remediation options. The only alternative was to completely dispose of the non-compliant material. This time the final rule implements a brand-new option for hot crops: remediation, mentioning that alternative 82 times throughout the document 

The rule states producers can remediate their material by “removing and destroying flower material, while retaining stalk, stems, leaf material, and seeds.” Producers may also shred the entire plant to create a “biomass-like material” and then retest it for compliance, giving them the opportunity to remediate non-compliant crops in order to minimize financial risk associated with the loss of investment in their hemp crop

Producers also no longer need to use a DEA-registered distributor or law enforcement to dispose of hot hemp.

SamplingGuidelinesforHemp

States now have several options for more productive and less wasteful methods of disposal that can result in useful soil amendments. Those include:

  • plowing under
  • mulching/composting the hemp
  • disking
  • shredding the biomass with a bush mower or chopper.

USDA Final Hemp Rule on WIPHE

The 2018 Farm Bill directed USDA to establish a national regulatory framework for hemp production in the U.S., and the final rule outlines provisions for this mandate. The IFR and this final rule do not cover hemp or its products beyond production. Further, DEA has issued regulations covering some of these products or “in-process materials”. Accordingly, this final rule does not address “in-process materials,” processors, end-products, processing of CBD or other cannabinoids or anything that may contain hemp or hemp byproducts.

Don’t miss out on our Marijuana Legalization Map where you can browse the current status of laws in every state in the United States and see all our posts on each of them.

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316 SW Washington Street, Suite 1A
Peoria, Illinois 61602

Phone: (309) 740-4033 || Email:  tom@collateralbase.com


316 SW Washington Street, Suite 1A
Peoria, Illinois 61602

Phone: (309) 740-4033 || Email:  tom@collateralbase.com

cannabis industry lawyer

316 SW Washington St,Peoria,
IL 61602, USA
Call Us (309) 740-4033 || e-Mail Us tom@collateralbase.com

Source: https://www.cannabisindustrylawyer.com/usda-final-rule-on-hemp/

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