Legality of Weedy. Fr

 

(updated 26/01/2022 - in red the updates made)

All our products are intended for a major and informed public.

The sale of the products presented on the French site www.weedy.fr is strictly prohibited to any minor under the age of 18. The products sold in the “FLOWERS” “RESINS” categories are articles intended for industrial use, they should not be smoked or consumed. All products are shipped with their certificates of analysis by our suppliers and our company regularly implements countermeasures. laboratory analyzes by the gas chromatography method coupled with mass spectrography, in accordance with the type of method used to quantify the thc rate of agricultural hemp in order to verify and certify that the “THC” molecule does not exceed the European legal threshold of 0.2% . (in accordance with the Community method for the determination of 9-THC

Cannabis CBD - THC level - Italy

Hemp ; it is covered by the legislation on narcotics only insofar as the sum of the concentrations of Δ9-THC (delta 9 tetrahydrocannabinol) Is greater than 0,5%.

Below this threshold, it cannot be a product with a psychotropic effect, but of a product for industrial use (textile hemp in particular) whose cultivation is authorized, and even subsidized (See Council regulation n ° 1672/2000 of July 27, 2000 amending regulation (EC) n ° 1251/1999 establishing a support system for producers of certain arable crops, to include flax and hemp grown for fiber.

Can we export to all the countries of the European Union?

European Union law establishes a common market organization for certain agricultural products. Among these products are the varieties of hemp (Cannabis sativa L.) listed in the EU's Common Catalog of Agricultural Species. The agricultural production, trade and industrial use of these products are authorized by European law and according to the decisions of the Court of Justice of the European Union (dated 19/11/2020) as well as that of the Cour de Cassation in France (dated 23/06/2021), “any CBD-based merchandise legally produced in a member country of the European Union, even if it contains traces of THC, cannot be prohibited at; export and marketing ”. Thus, according to European law and the various courts of justice of the EU and the French Cour de Cassation, the THC rate is no longer a determining element in the legality of a product; as soon as it is produced legally in a member state, the goods can circulate and be marketed legally throughout the European Union, regardless of the form of the latter (oils, cosmetics, flowers, resins, etc.) and regardless if it contains traces of THC as long as it complies with the national legislation of the producer member country.

The Treaty on the Functioning of the EU lays down the principle of free movement of goods (Articles 34 to 37), which includes the agricultural and primary processing products (Article 38) listed in Annex 1 to the Treaty. Annex 1, chapter 57 covers “hemp (Cannabis Sativa), raw, rusty, stained, combed or otherwise treated, but not spun; tow and waste (including garnetted stock) '.

Thus, European law does not place any restriction on the part of the plant that can be produced and marketed. The only restriction possible by the Member States: restriction relating to risks to human health. The flower should be considered as an agricultural product since it is raw. (our cbd cannabis flowers are not intended for consumption. This essential point is notified; in our GTC, duly accepted by our customers before any order, on this page, on the pages of the products concerned in the “information” field and finally, on the packaging of our cbd cannabis products marketed on our website). Our flowers therefore have a delta 9 tetrahydrocannabinol threshold of less than 0,2% since they are not intended for heating or any other type of combustion. The rate of delta 9 tetrahydrocannabinol (THC) therefore remains the only element taken into account for an official and legal result before any court.

 

CONCLUSIONS OF THE ADVOCATE GENERAL

Mr. EVGENI TANCHEV

presented on May 14, 2020

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DECISION OF THE CJEU 

dated November 19, 2020

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DECISION OF THE FRENCH CASSATION COURSE

as of June 23, 2021

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PROVISIONAL DECISION OF THE COUNCIL OF STATE IN FRANCE

as of January 24, 2022

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