The trial hearing regarding the lawsuit challenging the order of December 30, 2021, will take place this Wednesday, December 14, at 2:00 p.m.
But first, on Monday, December 12, 2022, the rapporteur issued her opinion, thereby giving us a glimpse of the direction the Council of State is likely to take.
Here's everything you need to know about this new turning point in the history of CBD.
A Recap of the Facts Surrounding the Ban on CBD Flowers
On December 30, 2021, a decree was issued prohibiting “the sale of raw flowers or leaves in any form, whether alone or mixed with other ingredients, as well as their possession by consumers and their consumption.”
As a result, the entire CBD sector—and UPCBD in particular, of which we are proud to be a board member—is taking action. An emergency petition was quickly filed with the Council of State to suspend this decree, which defies all logic.
This was followed by a difficult period during which many business owners were forced to close their doors because they could not sell their flagship product. It’s worth noting that, on average, flowers account for about 70% of a CBD shop’s revenue. It is therefore vital for our entire industry to be allowed to freely sell all hemp-derived products.
On January 24, 2022, the Council of State ruled in favor of the CBD market and suspended the decree. As a result, sales of flowers, herbal teas, and other blends were able to resume.
On Monday, December 12, 2022—48 hours before the hearing that would be decisive for the entire CBD sector—the public rapporteur issued her opinion, for informational purposes only.
On Monday, December 12, what is the Public Rapporteur’s opinion?
The court ruled in our favor. In its opinion, it calls, among other things, for the annulment of Article 1, Section II of the ordinance—the provision prohibiting the sale of flowers—on the grounds that:
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that the requirement to use the flowers only for making extracts was disproportionate
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that the ban on the sale and consumption of cannabis was discriminatory under European law (which permits them) and was therefore contrary to the principle of equality.
This opinion has no legal standing, but it is intended to indicate the direction the Council of State is likely to take at tomorrow’s hearing (Wednesday, December 14, 2022).
The Public Rapporteur’s opinion is therefore very good news for the entire CBD sector, and we are eagerly awaiting the Council of State’s hearing tomorrow afternoon.
What are the challenges facing the CBD industry?
The Council of State’s decision is eagerly awaited, as it is expected to provide guidance on the legislation governing CBD flowers once the suspension of the decree ends. Will CBD flowers be permitted again, or will there be restrictions?
The new decree of December 30, 2021, called for raising the THC limit in CBD products from 0.2% to 0.3%. Will this still be the case?
Last year, our market was severely impacted by a decline in revenue linked to the ban on the sale of CBD flowers and herbal tea, and it is clear that a ban on the sale of flowers would not only result in a significant loss of revenue for market participants but would also jeopardize thousands of jobs. Not to mention consumers, who, unable to find a substitute for cannabis, might turn to other, far less legal alternatives.
A crucial hearing for the entire CBD industry
The hearing that will determine the future of CBD flowers will take place on Wednesday, December 14. We’ll keep you updated as soon as we know more.
For more information, you can read our article on the decree of December 30, 2021, and the one on the suspension of the decree.
