Is CBD legal in France?

Is CBD legal in France? If you believe the mainstream media—which sometimes refers to CBD flowers as “legal cannabis” but then backtracks when shops get shut down—it’s a complicated issue. And what about the situation regarding CBD One reason it is so vague is that it covers various types of products, each of which operates under its own set of rules. A comprehensive breakdown.

TL;DR: Cannabidiol (CBD) is legal in France.

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The Basics of CBD

CBD (cannabidiol) is one of the compounds found in cannabis and hemp. Hemp has never been banned in France and is legally distinct from cannabis with a THC content of less than 0.3%.

The surge in CBD popularity in France follows a number of developments, including its medical use in the United States in cases of severe childhood epilepsy, the manymedical studies that attribute certain beneficial effects to it in vitro or on people, but also the marketing of Hemp flowers in Switzerland starting in 2016.

And despite a cannabis legislation in Europe very diverse, there is no clear legislation in France regarding CBD. This has led to numerous interpretations and misunderstandings among both consumers and CBD businesses.

French Law and CBD

The French law imposes a blanket ban on cannabis, through thelaw article R. 5132-86 of the Public Health Code, but allows for exceptions that permit the commercial and industrial use of hemp varieties (with a THC content of 0.3% or less) specifically listed in a list of hemp varieties authorized in France, through theDecree of August 22, 1990.

In addition, France maintains a list of controlled substances, which includes substances that are regulated and, in most cases, prohibited except for medical use. This list is governed by theDecree of February 22, 1990 and regularly updated to include, in particular, synthetic drugs or recent synthetic cannabinoids such as HHC, THCP, or H4CBD.

However, this legal framework does not allow for a clear application of the law. For example, THC is illegal because it is listed as a narcotic, but legal under Article 5132-86: “with the exception of delta-9-tetrahydrocannabinol, its esters, ethers, and salts, as well as the salts of the aforementioned derivatives and products containing them.”

As for CBD, it is not included on the list of controlled substances, nor is it otherwise restricted. CBD is therefore legal in France and the The sale of hemp flowers is legal since 2023, as well as that of products containing cannabidiol.

Prior to that, a parenthetical note in the 1990 decree had caused some confusion. It specified two parts of the plant that could be used commercially and industrially: fibers and seeds. Does this parenthetical note restrict the sale of hemp flowers? Does it prohibit the extraction of CBD from these flowers in France? Or is it merely intended to provide examples of usable parts? The ambiguity has been resolved as previously explained.

The story behind this detour into CBD

It is from this parenthesis, then, that the confusion arises. This parenthesis is inherited from the second point of theArticle 28 of the 1961 Convention. And since the 278 pages aren’t comprehensive enough to know what to make of them, the UN has provided us with a 500-page document along with his comments to clarify certain points.

On page 312, with reference to Article 28 of the Convention, the commentary specifically states that “the cultivation of the plant for any other purpose, and not only for the purposes mentioned in paragraph 2 (i.e., for industrial or horticultural purposes)” is exempt from the control regime. The Convention therefore does not seek to restrict the cultivation of hemp to specific industrial purposes.

While the authorities have opted for a narrow interpretation of French law, French entrepreneurs have instead relied on a broad interpretation, supported by the 1961 Convention and European law.

European Law and the CBD

Let's keep this part brief; the European law does not prohibit CBD, and does not restrict the use of hemp to any specific part of the plant. It thus treats raw hemp flowers as just another agricultural product. The2003 Hammarsten ruling The Court of Justice of the European Union (CJEU) also ruled that European standards on hemp sufficiently address risks to human health, thereby prohibiting member states from imposing more restrictive standards.

Furthermore, under the European principle of the free movement of goods, Member States may not prohibit the sale on their territory of products that are lawfully manufactured and marketed in other Member States. TheKanavape ruling on the sale of CBD products has established this principle.

Two other types of products are subject to different European regulations: cosmetics and food products.

The CBD cosmetics are permitted, with no restrictions on its source since 2021. Prior to that, it could only be derived from hemp leaves or through a synthetic process, but not from the flower.

As for the second one, CBD has recently entered the Novel Food catalogue which restricts foods with no significant history of consumption prior to 1997. In theory, therefore, a license would be required for each CBD-infused food product. In practice, however, Member States are not required to follow the Novel Food catalog. France has not yet taken a position on this matter.

Why was MILDECA wrong in its interpretation?

Following the opening of numerous CBD stores in the summer of 2018, MILDECA, the French Interagency Task Force on Drug Abuse and Addictive Behaviors, sought to provide an overview of CBD legislation. It outlines three conditions that must be met for a CBD product to be legal:

• derived from authorized hemp varieties
• from fibers or seeds
• no THC in the final product

While it is conceivable that a French product could be made from French hemp varieties, the other two points have no legal basis. On the one hand, as we have just seen, hemp flowers cannot be restricted by a member state of the European Union; at most, legally sold foreign products must be accepted. On the other hand, a zero-THC requirement would undermine the European hemp market, which the CJEU has ruled is prohibited.

The interpretation of the MILDECA has led to numerous raids and the arrest of dozens of retailers selling CBD in various forms, including flower. However, it has been largely undermined by several court rulings that deemed it unconstitutional and acquitted the CBD retailers in question.

Plouton judgment in Bordeaux

Regulation is coming

CBD is therefore legal in France, and hemp flowers are permitted. However, no clear regulations have been established to date. At the initiative of LREM lawmakers, the government held a informatory mission on cannabis use which focused in particular on the status of CBD in France, with the aim of finally establishing clear rules. This initiative is expected to allow for the sale of CBD flowers as well as CBD extraction in France; both are now permitted, although the initiative did not actually play a role in this development.

What You Need to Know

Ultimately, the general rule for consumers is that the possession and use of CBD products are legal, in all their forms. Since there are no tests capable of distinguishing between hemp and cannabis—such tests do exist, but the French police do not have them—carrying hemp flowers can lead to confusion and result in a fine or a trip to the police station.

For entrepreneurs, entering the CBD business in France remains risky, given the country’s shaky regulations and aggressive legal action. Nevertheless, there are legal grounds on which to defend oneself. Just like the free movement of goods in Europe 😉