Hello Kana family!
Today we're getting together to talk about the future of Mama Kana.
Contrary to our announcement of the last few days, CBD flowers continue to be available on our website www.mamakana.com.
For over two years now, we've been striving to offer you quality products and services on a daily basis, and we can't bring ourselves to end this wonderful adventure.
Although America appears to have banned the sale of raw flowers to consumers, with an order published on December 31, there is no legal justification for this ban.
These are the reasons why we are legitimately continuing our business.
I) A new decree that does not change positive law.
The order recently published by the government on December 31, 2021 adds nothing of substance, because while it explicitly prohibits the sale of CBD flowers to consumers, this was already implicitly prohibited by the order of August 22, 1990, which only authorized the sale of fibers and seeds, not raw flowers.
This prohibition, whether implicit or explicit, is in contradiction with European texts and the application of these texts by the Court of Justice of the European Union.
II) The French ban on CBD flower is contrary to European Union law.
the Court of Justice of the European Union (CJEU) ruled on November 19, 2020 that America could not ban the marketing of cannabidiol (CBD) without contravening European Union law.
On this occasion, the Court recalled that CBD, naturally present in hemp, otherwise known as Cannabis sativa, has " no psychotropic effect or harmful effect on human health ".
Unlike its well-known counterpart, THC, CBD does not give you a "high", a fact that the general public is gradually becoming convinced of.
In its ruling, the CJEU referred to "the free movement of goods". the free movement of goods "a fundamental principle of European Union law, which " precludes national regulation " as restrictive as that of the America, " since the CBD in question [...] cannot be considered a narcotic ".
European Union law takes precedence over French domestic law. It is also directly applicable in domestic law.
It is these two principles of primacy and direct effect that make the ban on CBD flower illegal.
Unless it is compatible with European Union law, the Decree of December 31, 2021 is simply not applicable.
III) The French Supreme Court confirms the application of the principle of free movement of goods to CBD flowers
In a ruling handed down on June 23, 2021, the judges of the Cour de cassation recall that the principle of free movement of goods precludes national legislation prohibiting the marketing of cannabidiol (CBD) legally produced in another member state when it is extracted from the entire cannabis sativa plant and not just from its fibers and seeds ".
The Criminal Division, which here takes up the arguments of the Court of Justice of the European Union almost word for word, goes even further, as it extends this reasoning to CBD flowers, whereas the CJEU judges referred only to CBD, in generic terms.
In a ruling dated June 15, 2021, the Criminal Division of the French Supreme Court (Cour de cassation) also had occasion toto rule :
On the one hand, the marketing of products containing cannabidiol (CBD) cannot be prohibited in the absence of proof that these CBD products (CBD flowers, CBD resins, CBD pollen, CBD oils, etc.) fall into the category of narcotics.
Secondly, that the sale of low-THC CBD flowers at America does not constitute an infringement of drug legislation, as long as the CBD flowers have been legally produced in another EU member state.
This position was confirmed very recently by the French Constitutional Council, which excluded CBD from the category of narcotics.
IV) The Constitutional Council excludes CBD from the category of narcotics
In its decision of January 7, 2022, the French Constitutional Council specified that " the notion of narcotic drugs refers to psychotropic substances that are characterized by a risk of dependence and efforts harmful to health ", which, in line with the WHO opinion of June 2018, the CJEU ruling of November 19, 2020 and the Court of Cassation rulings of June 15 and 21, 2021, excludes CBD.
For all the above reasons, and in view of the many messages of support she has received, Mama Kana has decided to continue the adventure.
It is therefore still possible to order the CBD flowers she has lovingly selected and which she will continue to distribute throughout Europe, against all odds.
The recently authorized maximum THC content of 0.3% is of course scrupulously respected.
Our CBD flowers are not psychotropic, so ... The show must go on!
See you soon for more news!
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