We return briefly to a fundamental topic which we have written about before – in both 2019 and 2020: If THC is not permitted in products, to what level of precision is the product to be examined to establish the THC level?
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In May we published an analysis of the Judgement of Advocate General Tanchev in respect of the Kanavape case, “Can the movement of CBD within the European Member States be prohibited it if is derived from prohibited elements of the plant?”. We observed that there was “good” and “bad” in the provisional Opinion.
We have reproduced the questions as they have been submitted in order not to interfere with them. If you are unable to answer the question as drafted, we would encourage you to answer what you feel is the import of the question in order that market participant is not disadvantaged by potentially poor language selection in their phraseology.
Is the FSA's policy that any CBD "New to Market" products will be treated differently than those "Already on the Market" justified despite there being no difference in their potential risks? Perhaps the more telling question is whether the policy will be sustained in the face of an inevitable legal challenge?