New regulations on the legality of CBD in Romania
Romanian pharmacies can only sell drugs with cannabis derivatives, and not cannabis itself. Cannabis use in Romania is limited to standard forms of medicines such as pills, capsules and oils.
Patients may not smoke it, vape it, or eat edible CBD products. Medicines should also contain less than 0.2% THC.
Romania was the tenth member state of the European Union to legalize medical marijuana. In October 2013, Romania legalized drugs containing cannabis derivatives.
However, cannabis is treated in the same way as other narcotics – patients can only use cannabis products based on a prescription and only as long as these products contain less than 0.2% THC.
At the end of November 2019, the Romanian Senate adopted a bill that provides for the legalization of cannabis for medical use. The bill is currently in the Chamber of Deputies, the decisive body in this case.
According to the bill, the following components of cannabis can be used for medical purposes: cannabis, cannabis resin, extracts, tinctures and also THC, its isomers and their stereochemical variants. The permissible amount of THC would be a maximum of 20%.
Meanwhile, on November 19, 2020, a new decision was made that could contribute to the evolution of CBD oil.
A EU Member State may not prohibit the marketing of cannabidiol (CBD) legally produced in another Member State when it is extracted from the cannabis sativa plant in its entirety, and not only from its fibers and seeds.
This prohibition may, however, be justified by a public health protection objective, but must not go beyond what is necessary to achieve it.
B S and C A are the former directors of a company whose business is to market and distribute an electronic cigarette with cannabidiol oil (‘CBD’), a molecule present in hemp (or cannabis sativa) and part of the cannabinoid family.
In the present case, CBD was produced in the Czech Republic from hemp plants grown legally and used in their entirety, including leaves and flowers. It was later imported into France to be packaged in electronic cigarette cartridges.
Criminal proceedings have been instituted against B S and C A, since, under French law, only hemp fiber and seeds may be used commercially. Sentenced by the Correctional Court of Marseille (Marseille Correctional Court, France) to 18 months and 15 months in prison with suspension, and a fine of 10,000 euros, they appealed to the Cour d’appel d’Aix-en- Provence (Aix-en-Provence Court of Appeal, France).
This court therefore raises the issue of compliance with French law with European Union law, which prohibits the marketing of CBD legally produced in another Member State when it is extracted from the cannabis sativa plant in its entirety, and not only from its fibers and seeds.
In today’s judgment, the Court states that Union law, in particular the provisions on the free movement of goods, precludes national legislation such as that at issue.
As a first step, the Court rules on the law applicable to the situation in question.
In this respect, it repeals the regulations on the common agricultural policy. Thus, those derivative texts apply only to “agricultural products” listed in Annex I to the Treaties.
However, CBD, extracted from the entire cannabis sativa plant, cannot be considered an agricultural product, unlike, for example, raw hemp. It therefore does not fall within the scope of those regulations.
1 Order of 22 August 1990 on the application of Article R. 5132-86 of the Public Health Code for Cannabis (Order of 22 August 1990 implementing Article R. 5132-86 of the Public Health Code for Cannabis ) (JORF of 4 October 1990, p. 12041), as interpreted by Ministry of Justice Circular No. 2018 / F / 0069 / FD 2 of 23 July 2018, concerning the legal regime applicable to institutions proposing on sale to the public of cannabis products (coffee shops) [Circular of the Ministry of Justice of 23 July 2018 on the legal regime applicable to institutions offering for sale to the public products obtained from cannabis (coffee shops)].
2 Regulation (EU) no. Regulation (EC) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 laying down rules on direct payments to farmers under support schemes under the common agricultural policy and repealing Regulation (EC) No 1234/2007 Council Regulation (EC) No 637/2008 and Regulation (EC) No Council Regulation (EC) No 73/2009 (OJ 2013 L 347, p. 608); Regulation (EU) no. Regulation (EC) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organization of the markets in agricultural products and repealing Regulation (EEC) No 922/72, (EEC) no. 234/79, (CE) nr. 1037/2001 and (EC) no. Council Regulation (EC) No 1234/2007 (OJ 2013 L 347, p. 671).
On the other hand, the Court notes that the provisions on the free movement of goods within the Union (Articles 34 and 36 TFEU) are applicable because the CBD at issue in the main proceedings cannot be regarded as ‘narcotic’. In reaching this conclusion, the Court first recalls that drug dealers cannot rely on the application of the freedoms of movement because such a ban is prohibited in all Member States, with the exception of strictly controlled trade for medical and scientific use.
The Court further notes that, in order to define the term ‘drug’ or ‘narcotic’, Union law3 refers in particular to two United Nations conventions: the Convention on Psychotropic Substances4 and the Single Convention on Narcotic Drugs5.
However, CBD is not mentioned in the first and, although it is true that a literal interpretation of the second could lead to its classification as a narcotic drug as an extract of cannabis, that interpretation is contrary to the general spirit of that convention and its purpose. to protect “the physical and mental health of mankind.”
The Court states that, according to the current state of scientific knowledge which, unlike tetrahydrocannabinol (commonly referred to as THC), is another cannabinoid of hemp, CBD in question has no psychotropic or adverse health effects. human.
In a second stage, the Court finds that the provisions on the free movement of goods preclude regulations such as that at issue. Thus, a ban on the marketing of CBD is a measure having equivalent effect to quantitative restrictions on imports, which is prohibited by Article 34 TFEU.
The Court states, however, that such legislation may be justified by one of the grounds of general interest listed in Article 36 TFEU, such as the objective of protecting public health relied on by the French Republic, provided that such regulation is capable of achieving that objective and do not exceed what is necessary for it to be achieved. Although the latter assessment falls within the jurisdiction of the national court, the Court provides two indications in that regard.
On the one hand, it states that it appears that the marketing ban does not affect synthetic CBD, which has the same properties as the CBD in question and could therefore be used as a substitute for the latter.
If that were the case, it would be likely to indicate that the French legislation is not capable of achieving the objective of protecting public health in a consistent and systematic manner.
On the other hand, the Court acknowledges that the French Republic is not, of course, required to prove that the dangerous property of CBD is identical to that of certain narcotics.
However, the national court must assess the available scientific evidence to ensure that the actual risk to public health is not based on purely hypothetical considerations.
Thus, a ban on the marketing of CBD, which is, moreover, the most restrictive obstacle to trade in products lawfully manufactured and marketed in other Member States, can be adopted only if that risk is sufficiently proven.
This is a part from PRESS RELEASE no. 141/20
Luxembourg, 19th of November 2020
Case C-663/18 Press and
BS and CA information
The full text and court decision can be found in the links below:
1. https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-11/cp200141ro.pdf
2. http://curia.europa.eu/juris/document/document.jsf;jsessionid=20E300C2FE12F33DFE7E4472448D3E64?text=&docid=233925&pageIndex=0&doclang=ro&mode=req&dir=&occ=first&part=1&cid=15216694
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Planta cultivata trebuie sa contina sub 0,2% THC. Produsele care contin Thc in orice cantitate, chiar si mai putin de 0,2% se pate ca sunt ilegale dupa lefea stramba romaneasca… Iata, poti fi saltat pt un ulei natural.
https://www.aradon.ro/romania/diicot-orice-produs-care-contine-thc-indiferent-de-concentratie-se-incadreaza-notiunii-de-drog-1336404/