Release: LATHAM & WATKINS SECURES COMPLETE VICTORY FOR FORMER KANAVAPE DIRECTOR ANTONIN COHEN IN HIS SUCCESSFUL APPEAL BEFORE THE FRENCH COURT

CANNANNEW REPORT

Judgment overturns previous charges for marketing a product containing cannabidiol (CBD) 17 November 2021 Latham & Watkins has secured a significant victory for its client Antonin Cohen, former co-director of KanaVape, in a decision rendered today by the French Court of Appeals of Aix-en-Provence concerning the marketing of CBD-based products. In confirming the landmark decision handed down in November 2020 by the Court of Justice of the European Union (CJEU), which ruled that EU Member States may not ban the marketing of cannabidiol (CBD) when extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds, the French Court has dismissed all criminal charges against Antonin Cohen for marketing the CBD vaping product KanaVape. In 2015, Antonin Cohen and fellow-co-director of KanaVape, Sébastien Béguerie, were prosecuted for selling vaping products containing natural CBD, a non-psychotropic substance contained in the hemp (Cannabis sativa) plant. Under French law at the time, the marketing of products derived from the entire plant, therefore all products containing natural CBD, was prohibited. In a judgment handed down by the Marseille Criminal Court on 8 January 2018, Antonin Cohen was found guilty on several charges of infringement, including infringements of the French legislation on poisonous substances. The defendants appealed before the Court of Appeals of Aix-en-Provence on the grounds that the prohibition on the marketing of CBD from the Cannabis sativa plant in its entirety is contrary to EU law. The case was subsequently referred to the CJEU which, on 19 November 2020, affirmed that the French general ban on CBD is contrary to (EU law unless French regulations were to be considered appropriate and proportionate for the protection of public health by the referring court. The CJEU left the final word to the French judges who today confirmed that the…

Excerpt only …
READ MORE BELOW
Source : Release: LATHAM & WATKINS SECURES COMPLETE VICTORY FOR FORMER KANAVAPE DIRECTOR ANTONIN COHEN IN HIS SUCCESSFUL APPEAL BEFORE THE FRENCH COURT

reposted by Cannabis News World

This site uses Akismet to reduce spam. Learn how your comment data is processed.