CBD flowers banned, maximum THC level rises to 0.3 %

After eight months of consultation, the government publishes a new order in the Journal Officiel to update the law on CBD. In exchange for full legalization of the molecule - no more searches or police custody for retailers who don't sell hemp flower - France strictly regulates its use. The executive has chosen to adopt a tough stance, emphasizing on «the operational capacity of internal security forces to combat narcotics».».

On the negative side, it will now be impossible to buy CBD flowers, such as Newsweed revealed it back in May. This measure is included in article 1.II of the order: «Flowers and leaves [...] may only be harvested, imported or used for the industrial production of hemp extracts. In particular, the sale to consumers of raw flowers or leaves in any form, alone or mixed with other ingredients, their possession by consumers and their consumption are prohibited.»

In a speech that served as the measure's after-sales service, MILDECA justifies This ban was justified on health grounds, since flowers are consumed almost exclusively in joints smoked with tobacco. And «many carcinogenic elements come from the combustion of organic substances».», points out the government's anti-drug office.

But MILDECA also highlights «For reasons of public order, insofar as, in order to preserve the operational capacity of internal security forces to combat narcotics, they must be able to simply discriminate between products, in order to determine whether or not they fall within the scope of criminal anti-narcotics policy».

Flowers account for 50 to 70 % of sales

But for many legal experts, this provision is unenforceable. Not least because there are quick and inexpensive tests to differentiate between CBD and THC, as this video from L'Obs.

The ban on flowers has the CBD world howling. These products account for between 50 and 70 % of sales in specialist stores. Retailers therefore fear that their sales will melt away like snow in the sun. To prevent this, the legal response is already in place. « Ne will lodge an action for annulment with the administrative court».» announced in June lawyer Charles Morel, president of the Union des Professionnels du CBD. The Syndicat Professionnel du Chanvre is also planning a legal action.

Consumers are also unhappy. A petition has just gone online, and collected 6,000 signatures in two days. The text is signed by Eric Juilliat, a CBD entrepreneur who asks «cancel» this order. «You should know that our European neighbors currently have tests that allow you to differentiate between THC and CBD. This test costs €2.59».», continues the petition.

Flowers will therefore be forbidden for sale... but authorized for harvesting. This was not the case before. They can be used for «industrial production of hemp extracts». Translation: CBD can be extracted from flowers to make CBD oil, cosmetics or candy. This is a small victory for farmers, who will be able to sell their harvest legally. But above all, it's a great leap forward for the hemp extract industry, represented by the UIVEC / Interchanvre union

On the plus side: maximum THC content rises to 0.3 %

Even if this decree is much decried by the CBD industry, which will be replaced by foreign players who will be able to continue selling to French customers, one provision will surely find favor with them. Article 1.III states: «The delta-9-tetrahydrocannabinol content [the scientific name for THC]. of hemp extracts, and of products incorporating them, is no greater than 0.3 %». Until then, the maximum rate was 0.2 %.

And this change is not anecdotal. THC and CBD levels are linked, so the higher the THC level, the higher the CBD level. Thus, with 0.2 % of THC, you could obtain around 6 % of CBD. With 0.3 %, this rises to 9-10 % of CBD in the plant, which means you can get more CBD from less hemp, and also get a fine more highly dosed and more effective CBD products.

MILDECA reminds also that «products containing CBD may not, under penalty of law, make therapeutic claims». In other words, a label cannot promise to cure or treat pain, for example.