CBD flowers definitely legal in France

On Thursday December 29, 2022, the Conseil d'Etat definitively annulled the’government order banning the trade in CBD flowers in France, almost a year to the day after its publication by the French government. L’had already been suspended in early 2022 after several players in the CBD hemp industry joined forces.

The Conseil d'Etat ruled that a general and absolute ban on the marketing of hemp flowers and leaves in their raw state was «disproportionate», and that their sale «does not create a risk to public health» that could justify such a ban.

«Given the state of scientific data, the harmfulness of other molecules present in cannabis flowers and leaves, particularly CBD, has not been established.»

Moreover, the Conseil d'Etat recalls the data currently available on CBD, notably its «relaxing properties and anticonvulsant effects, [without] psychotropic effect and [without causing] dependence».

As the’shown by various French players since 2019, the Conseil d'Etat recalled that law enforcement officers could differentiate between CBD and THC cannabis «by means of rapid tests».

The Conseil d'Etat thus obliges the government to authorize the free sale of hemp and its cultivation by all. The decree issued in 2021 restricted hemp cultivation to farmers.

In ruling definitively in favor of the free sale and cultivation of hemp, the Conseil d'Etat has buried a CBD war started in 2014 against Kanavape, the first legal 100% hemp electronic cigarette«, according to its founders.

The Court of Justice of the European Union (CJEU), then the French Supreme Court, had to confirm that cannabidiol could not be considered a narcotic, as it has «no psychotropic effect and no harmful effect on human health». In the end, however, this did not prevent the government from banning the retail sale of cannabidiol.

«From a legal point of view, we had reasonable confidence in the decision, but it's still a relief for the industry. At first, the government even wanted to ban the CBD molecule. We haven't lost a single battle, and the law is on our side», confided to Libération Aurélien Delecroix, President of the Syndicat Professionnel du Chanvre, who, along with other players, attacked the decree.