Hello Kana family!
We've got good news: you can finally drive stress-free after consuming CBD! Doubtful? We'll explain.
A recent court ruling has cleared the air for CBD consumers, especially those worried about losing their driver's license. The Court of Appeal handed down a landmark judgment acquitting a CBD consumer, setting clear and reassuring case law for users.
What is case law?
Jurisprudence refers to all the rulings and judgments issued by the Courts and Tribunals to resolve specific legal situations. It intervenes when legislation is incomplete, adapting the law to changes in society, supplementing it or establishing new rules of law based on case law. In other words, it complements the work of the legislator by adjusting and filling gaps in existing law.
The case in question
The case, which arose on August 25, 2022, highlights a crucial aspect: CBD is not classified as a narcotic. There is therefore nothing to prevent a CBD user, who has no psychotropic effects, from taking the wheel. In this case, the plaintiff had no idea that he could be charged with driving under the influence of narcotics, or even that he might test positive for cannabis in a saliva test.
Legal decision
The Court of Appeal's decision was based on the finding that the intentional element required for the offence of driving under the influence of narcotics was lacking. In other words, the CBD user could not be considered to have intentionally broken the law, as CBD itself does not have the characteristics of a narcotic substance. The acquittal judgment was handed down after careful and informed deliberation, involving three judges of the Court of Appeal in collegial formation.
What's the difference?
This is not just an individual victory, but a victory for the entire CBD community. This court decision sets a solid and definitive precedent, especially as the public prosecutor's office has not appealed to the Supreme Court. This means that this case law remains valid and applicable, offering peace of mind whether you're an experienced user or a novice simply looking to enjoy the benefits of CBD without fear of legal repercussions.This case is a reminder of a fundamental truth: CBD is a legal, safe and non-addictive product. It shouldn't be equated with a form of illegality, and you should be able to enjoy it without fear of unwarranted legal reprisal. Note, however, that this victory only concerns CBD for the time being, so keep an eye out for other molecules (THC-P, H4CBD, etc.).
In short, this court ruling marks a significant step in the recognition and legitimization of CBD. Enjoy the benefits of CBD products, Mama Kana special, without hindrance or fear 😉