A recent decision of the Court of Justice of the European Union (CJEU) in relation to CBD predicted structural changes in European markets and in the legal status of this substance, by ruling that member states cannot ban the commercialization of CBD. What will the future of this industry in Europe look like? And in Portugal, does anything change or not?
The Cannareporter questioned the INFARMED — National Authority for Medicines and Health Products IP, on this decision by the CJEU and received the following response from the Medical Cannabis Cabinet. For now, and until there is a decision to reclassify cannabis and CBD in the 63rd Session of the CND — UN Convention on Drugs and Narcotics (United Nations) CBD remains subject to INFARMED authorization. But the National Medicines Authority admits changing the statute of CBD, if that is the result of the vote, and implementing the decision of the CND. The 63rd session of the CND takes place in Vienna, Austria, from 2 to 4 December 2020.
“The use of CBD or any substance derived from cannabis for medicinal purposes requires authorization from INFARMED. CBD's status as a controlled substance derives from the United Nations Conventions, ratified by the Portuguese State.
Effectively, any superior decision that changes the legal definitions of substances regulated by Infarmed, in our country, will have our best attention, in order to adjust our reality to the stipulated, thus complying with the legal obligations as we have done.
Additionally, as is public knowledge, several recommendations from the World Health Organization are under discussion in the United Nations Convention on Narcotic Drugs (CND), including the recommendation to exclude CBD from the scope of Table I of the Single Convention on United Nations of 1961. We are awaiting the decision of the CND on this and other WHO recommendations in this area, and depending on the decision that is taken, INFARMED will adopt the necessary steps with a view to implementing the decision”.
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