The Marseille entrepreneurs from Kanavape have just been sentenced. The reason ? Their creation: an electronic cigarette with cannabidiol. However, a legal blur remains around the object.
Smoking vaping joints, this is the goal of the Marseille company Kanavape. Justice has seized the subject by condemning Monday the two creators to 18 months and 15 months in prison. The confinement is accompanied by a fine of 10,000 euros and 5,000 euros in damages and interest to the Council of the College of Pharmacists who was a civil party.
However, the sales arguments were reassuring for the consumer. Indeed, Sebastien Begueri and Antonin Cohen, the two convicts, presented their first hemp e-cigarettes as "100% legal".
What prompted the court to seize the case is the promotion of Kanavape. The franchise went so far as to boast a health benefit provided by the product without having obtained the slightest validation from the country's medical authorities.
A legal blur around cannabidiol
The dispute comes from the Ministry of Health. Agnès Buzyn called the sale of electronic seals legal as long as it did not exceed the threshold of 0.2% tetrahydrocannabinol (THC). THC is the psychostimulant molecule contained in cannabis, it acts on the brain as well as on the organs. Perception, motor skills, emotions and satiety are disrupted by consumption.
However, the entrepreneurs defended themselves by explaining that they were selling cannabidiol, another component of hemp. If it alters the vigilance, it does not cause any psychoactive effects and some vagueness surrounds this molecule that can be considered a drug.
Everyone knows it's an electronic seal but the file is legally questionable. Faced with this legal uncertainty, it is therefore the complaint of the Council of the Order of Pharmacists that leads to this conviction. Let's not forget that Al Capone was never convicted for his crimes, but only for tax evasion.