The Committee on Drug Dependence of the World Health Organization (WHO) recommended that CBD, known as light cannabis, not be included as a controlled substance as it has therapeutic properties and does not cause significant harmful effects, lacks psychoactive properties or potential for generate addiction. In addition, the High Court of Justice of the European Union endorsed the marketing of CBD products between member states.
Welcome to the new era of CBD: soft cannabis, in legal limbo and for sale in stores
These are the arguments used by the Provincial Court of Alicante in the dismissal order that revokes the initiation of the abbreviated procedure (the step prior to the opening of oral proceedings after the investigation phase) against the owner of a CBD product store. The lawyer Esther C. Sánchez, director of the Brostanbert office in Alicante, argued in her appeal that these products could not be considered narcotics.
The order of the Provincial Court of Alicante is a “novel resolution” that incorporates some criteria established by European jurisprudence, maintains the specialized cannabis office. The procedure began after the search carried out by the Seprona of the Civil Guard in a CBD products store in Alicante, “a type of business that has proliferated in Spain in recent years, especially after the confinements derived from the pandemic,” he explains. the law firm.
The agents of the armed institute seized the products exposed to the public for sale to analyze their content. The analyzes determined that THC, the molecule with psychoactive effects of marijuana, was less than 0.2%. A threshold that places the product in legality, according to the most recent jurisprudence. Thus, it recognizes that the THC of the samples analyzed is below the psychoactive limit.
In addition, the order of the Provincial Court of Alicante also refers to the fact that in Spain there are already authorized medicines with 0.15% dronabinol (the synthetic variant of THC).
The resolution follows the line of the first pioneering sentence issued by the head of the Criminal Court number 8 of Valencia, which acquitted the owner of another store who was facing a request for a penalty from the Prosecutor’s Office of four years in prison for an alleged crime against public health in the form of substances that do not cause serious damage to health. The ruling flatly contradicted the criteria of the Public Ministry regarding CBD products.
The novelty is that in the last case of the owner of the store in Alicante, the dismissal is dictated by a superior judicial body such as the Provincial Court, in a very similar argument that alludes to European jurisprudence.