On 1 June 2023, the European Commission launched a call for data on the safety of pure Cannabidiol (CBD) and on extracts that may contain contaminants such as THC. This request comes ahead of a forthcoming mandate for the SCCS, which will have to rule on the future of these ingredients in cosmetics.
This call for data involves Cannabidiol (CBD) (CAS No. 13956-29-1, EC No. 689-176-3) in pure form, as well as an extract that my contain contaminants of other cannabinoids, including trans-Δ⁹- tetrahydrocannabinol (THC or delta-9-THC) (CAS No. 1972-08-3, EC No. 625-153-6), at trace levels.
The context
On 19 November 2020, the Court of Justice of the EU (CJEU) delivered a judgment in Case C663/181 in response to the request for preliminary ruling questioning the conformity with EU law of the French legislation prohibiting the marketing of CBD extracted from the Cannabis sativa plant in its entirety. In the judgement, the CJEU concluded that CBD at stake in the main proceedings, should not be considered as a drug under the UN Single Convention on Narcotic Drugs of 1961.
The Court considered that CBD is not mentioned in Convention on Psychotropic Substances and such classification would be contrary to the general spirit of that convention and to its objective of protecting “the health and welfare of mankind.” In addition, the Court stated that, according to the current state of scientific knowledge, unlike THC, the CBD at issue does not appear to have any psychotropic effect or any harmful effect on human health.
However, …
