Recently, according to report, the Supreme Court has upheld a pivotal decision regarding the classification of cannabidiol (CBD) as hemp, solidifying its stance on the import ban affecting CBD cosmetics. The court’s ruling affirms that CBD, derived from hemp stems, is indeed categorized under hemp according to regulatory standards. This verdict follows a legal battle initiated by Company A, a domestic importer of cosmetic ingredients, against the Korea Pharmaceutical Export-Import Association.
The dispute centered around Company A’s application for a standard customs advance report to import CBD for use in cosmetics. Initially, the association denied the issuance, asserting that CBD, despite its derivation from hemp stems, fell within the regulated scope of hemp. Company A challenged this decision through legal channels, resulting in conflicting judgments across multiple trials.
Initially, lower courts favored Company A’s argument that CBD did not constitute hemp under the Narcotics Control Act, citing exemptions for hemp seeds, roots, and stems. However, the Supreme Court’s 3rd Division, under Chief Justice Lee Suk-yeon, overturned these decisions. The court clarified that the legislative intent behind the Narcotics Control Act includes CBD as a significant component of hemp, thereby subjecting it to regulation.
Chief Justice Lee Suk-yeon emphasized that any interpretation exempting CBD extracted from hemp stems would contradict the legislative framework of the Narcotics Control Act. This pivotal ruling reaffirms the import ban on CBD cosmetics, marking a significant regulatory precedent in South Korea’s legal landscape concerning hemp-derived products.
With the case now reverted to the Seoul High Court following the Supreme Court’s decision, the outcome is poised to influence future legal interpretations and applications surrounding CBD and hemp-related imports in the country’s cosmetics industry.
