European Union Reassesses Cannabis Policy Amid Legal Developments

The European Union is reevaluating its stance on cannabis policy following significant legal developments, including a landmark ruling by the Court of Justice of the European Union (CJEU). A 12-page 'non-paper' released by the EU outlines potential changes in cannabis regulation, covering its various uses and components. This document aims to gauge reactions to possible policy shifts in light of recent court decisions and scientific insights

The impetus for this review stems from the CJEU's decision in the Kanavape case, which concluded that cannabidiol (CBD) is not a narcotic, thereby challenging existing national restrictions. The case involved the prosecution of Antonin Cohen and Sébastien Béguerie in France for importing CBD extracts from whole hemp plants, highlighting discrepancies in cannabis regulation across EU member states. The ruling emphasized that EU countries cannot ban the sale of CBD legally produced in other member states, even if derived from the entire hemp plant

The EU's non-paper suggests that CBD, whether derived from Cannabis Sativa or synthesized, should not be classified as a narcotic if it lacks psychoactive effects. This document also indicates ongoing evaluations of other non-psychoactive cannabinoids like cannabigerol (CBG) and cannabichromene (CBC). The potential implications of these evaluations are significant for the cosmetics industry, which recently saw the inclusion of CBG in the EU's CosIng database of authorized cosmetic ingredients

Lorenza Romanese, Director General of the European Industrial Hemp Association, has voiced concerns over the EU's approach to regulating non-psychoactive cannabinoids. She argues that the current legal framework should not impose unnecessary barriers on substances like CBG, which are not controlled. Romanese highlights the logistical challenges of evaluating numerous cannabis compounds, given the limited number of capable laboratories in Europe

This reevaluation of cannabis policy by the EU is part of a broader trend towards recognizing the medical and commercial potential of cannabis and its derivatives. The changes reflect a shift in the regulatory landscape following international decisions, such as the United Nations' reclassification of cannabis. The EU's ongoing assessment could pave the way for more harmonized and progressive cannabis regulations across its member states