The CBD industry welcomes the return of hemp flowers to stores

They all have a bit of the «hangover», This was due to a short and festive night. Yesterday, at around 6 p.m., the Conseil d'Etat a great victory to French CBD players: they can sell hemp flowers again. Naturally, many celebrated in style.

«I think the whole CBD sector woke up with a hangover this morning», joked Mao Aoust, owner of the 180-store High Society chain. «Yesterday, when the decision came down, everyone was in a frenzy. We opened a few bottles of champagne and celebrated! It was a bit like our own New Year's Eve, given that it had been ruined».», smiles the man from Marseilles, referring to the government order published on December 31.

Others let their vocal cords go to celebrate. «When my lawyer informed me of the news, I asked him if I could sing a little, and I did. Seven Nation Army the White Stripes, laughs Aurélien Delecroix, President of the Syndicat Professionnel du Chanvre. It's really a great victory.»

For Ingrid Metton, a lawyer who defends CBD merchants «for seven years», This decision is very welcome. «It's an immense professional joy. I tell myself that, at last, CBD entrepreneurs will be able to do business as usual.»

Flower neither forbidden nor legal

However, once the festivities are over, we'll have to get back to work quickly to clarify the situation. Today, the flower is neither banned nor fully legal. The law will remain unclear for a few months yet. The Conseil d'Etat is due to issue a final ruling - a «recours en annulation» - in six months to a year's time. It may go in the same direction as the first decision, or say the opposite.

«The marketing of flowers and CBD products with less than 0.3 % is authorized today! In criminal law, the prohibited is the exception, the principle is freedom. To prohibit something, you have to write it down».», says Yann Bisiou, lecturer and researcher in private law, and legal consultant to the Union des Professionnels du CBD.

After a pause, dialogue is set to resume between CBD players and public authorities. «This ruling by the Conseil d'Etat is a strong signal which should force the authorities to rethink their approach. As early as last night, I wrote to the MILDECA to invite them to come to the table».», hopes Aurélien Delecroix.

Embarrassed political staff

For their part, the political staff are embarrassed. First and foremost, MILDECA doesn't want to say anything, and is keeping a low profile until the storm passes. Gérald Darmanin, on the other hand, «regrets» the Conseil d'Etat's decision. This morning, he was a guest on France Inter, and attempted a punchline that some would say had nothing to do with the schmilblick: «We didn't raise the price of tobacco to €10 to get people to accept the legalization and decriminalization of cannabis.

.@GDarmanin "regrets" the Conseil d'Etat's suspension of the ban on trade in CBD flowers and leaves. "We didn't raise the price of tobacco to 10 euros so that we would accept the decriminalization of cannabis"."#le79inter pic.twitter.com/axcuUAEOv7

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- France Inter (@franceinter) January 25, 2022

At the Assemblée Nationale, the Minister of Health had a little more difficulty explaining himself. Responding to a question from MP François-Michel Lambert addressed to Gérald Darmanin, who declined to answer, Olivier Véran argued that «The Conseil d'Etat annulled part of the decree on formal grounds, considering that the health grounds were perhaps excessive. It's up to us to show that the health grounds are valid».

"Cannabis flowers are not the flowers of evil."@fm_lambert (LT) asks the Gvt about the Conseil d'Etat's suspension of the ban on the sale of CBD flowers. He asks if he is "ready to receive all these professionals."#DirectAN #QAG pic.twitter.com/DJoZYcubIL

- Assemblée nationale (@AssembleeNat) January 25, 2022

Darmanin and Véran are notoriously at odds on the subject. The former is in favor of a very firm framework on illegal drugs. The latter is more in favor of cannabis, but seems to have lost the political battle on the subject.

«If I were the government, I'd rewrite the whole decree, pleads with Newsweed MP (LREM) Jean-Baptiste Moreau, a fervent supporter of hemp. At the time, I‘I had said that the decree would fall as soon as the first legal action was taken. But the government decided to go ahead anyway. So I don't want to sound like an old fart, but I did tell them.