“If no one is pushing the industry will never move on” – KanaVape founder’s milestone victory

KanaVape founder Antonin Cohen has spoken of his relief that a six-year battle with the European courts has proved victorious for the CBD industry.

The founder of French company KanaVape is celebrating a landmark victory, following a six-year battle with the authorities.

The European Court of Justice (CJEU) yesterday (Thursday 20 November) ruled that CBD is not a narcotic drug and does not appear to have any ‘harmful effect on human health’.

The dispute between French authorities and the founders of the first CBD vaporizer, KanaVape saw has centred around the question of whether restricting the sale of CBD products legally produced in other countries in the EU breaches single market rules.

As in the UK, the extraction of flowers from the cannabis plant is illegal in France, due to the presence of THC.

In 2014 French authorities launched legal action against KanaVape co-founders Antonin Cohen and Sébastien Béguerie for importing hemp flowers from the Czech Republic.

The pair were prosecuted in 2018 and given a 16-month suspended sentence and a 10,000 Euro fine.

But the verdict was later overturned by the European Court of Appeal on the grounds that it may go against the rules of the single market, which allows for the freedom of movement of goods between the 27 member states of the EU.

Today’s ruling, by the highest European court, concludes that a member state, ‘may not prohibit the marketing of CBD lawfully produced in other Member States’ when extracted from the whole cannabis plant and ‘not solely from its fibre and seeds’.

The decision is expected to overturn a preliminary conclusion issued by the European Commission (EC) earlier this year that CBD and other extracts from hemp flowers should be classed as narcotics under the UN’s Single Convention on Narcotic Drugs.

Mr Cohen said he was ‘grateful’ that his efforts of the last six year had proved fruitful – not only for him, but the industry as a whole.

“I am very happy and relieved that we have been successful in this case, after what has been a long batte,” he told Cannabis Health.

“I have been lucky to have the revenue to be able to defend myself, but the process has been extremely stressful and costly in terms of money, time and energy.”

Mr Cohen, an activist who has been involved in cannabis science since 2008, said his motivation was to see ‘society progress’ and move the cannabis sector forward.

“I had a choice six years ago to say that the products were coming from the whole plant, which is why we have had this victory today which will allow for similar companies to operate in a safer environment,” he continued.

“There were certainly times when I wondered why I was pursuing this, but if no-one is pushing for this clarification, the industry is never going to move on.”

Now CEO of one of Europe’s leading CBD brands, Harmony, Mr Cohen hopes the ruling that CBD is not a narcotic, will urge the EC to proceed with novel food applications and make way for clear regulations.

“The only way to ensure quality standards and good manufacturing processes is through regulations that work with the industry,” he said.

“It’s important now for the EC to harmonise regulation of CBD products on the European market, so we can make sure products are accessible and safe for consumers, but also that companies can benefit from the growth of this industry worldwide.”

He added: “There hasn’t been much good news for the CBD industry in recent years, with a lot of confusion and complexity around regulation, so I’m very excited about this milestone –  but there is still a lot of work to be done.”

Eveline Van Keymeulen, Head of Allen & Overy’s Life Sciences Regulatory and Cannabis practices, who is assisting Antonin Cohen in the proceedings, commented: “This long-awaited decision is a landmark decision for the CBD industry in Europe, the development of which has been hindered seriously by the fragmented and inadequate legal framework to date.

“The Court’s decision sets a binding precedent with European reach. Its interpretation of EU law is binding on the European institutions – including the EC – and will require other EU member states to assess their national rules applicable to the marketing of natural CBD in light of the clear criteria provided by this decision. Today’s judgment should therefore lead to more regulatory harmonisation and legal certainty which is indispensable for the further development of the CBD industry in Europe. Most importantly, a clear and proportionate regulation of CBD-based products will ultimate benefit EU consumers.”