Constitutional Council rejects CBD producers' appeal

The courts have dealt another blow to the CBD industry. In an effort to change the law regarding the legality of cannabidiol, the French Association of Cannabinoid Producers (AFPC) had referred the matter to the Constitutional Council. According to hemp growers, French law does not define «narcotic» precisely enough, which allows the government to classify CBD as such. Therefore, according to the AFPC, the law is unconstitutional.

But the Constitutional Council does not share this view. In its decision to be handed down this Friday, the Elders decide that «The contested provisions, which do not infringe upon any other rights or freedoms guaranteed by the Constitution, are in accordance with the Constitution.»

Feedback from Newsweed by François-Guillaume Piotrowski, president of the PSAC: «It's not a defeat, but it is a disappointment.»

This decision had nothing to do with the government's recent decree which bans CBD flowers. But producers and retailers were still eagerly awaiting it. A favorable ruling would indeed have led Parliament to amend the law to provide a precise definition of a narcotic. This would surely have made it possible to prove that CBD is not a narcotic, as as called for by the World Health Organization.

«It opens up some interesting possibilities.»

Despite this setback, the CBD industry is trying to make the best of a bad situation. If we look at the details, the Constitutional Council’s decision «opens up interesting possibilities», says attorney Frédéric Scanvic, who handled this case on behalf of the PSAC.

«The Constitutional Council has pieced together bits and pieces from the law to define a narcotic. It tells us that it is a substance with a harmful effect on health and an addictive effect. To my knowledge, no study considers CBD to be harmful or addictive. Therefore, I conclude that it is not a narcotic,», he smiled.

«The decision gives us something to think about.», confirms François-Guillaume Piotrowski. Together with Maître Scanvic, they are now turning to the Council of State. This time, the goal will be to directly challenge the December 30 order banning CBD flowers. To have it overturned, they will file a motion for a preliminary injunction next week, citing economic urgency.