Does France comply with European legislation on hemp?

Since the first CBD cannabis flowers arrived in France last September, Although most of these products are imported from Switzerland, a number of customs seizures have put the fear of God into French stores, which have begun to sell them. Nevertheless, more and more of them are offering dried cannabis flowers with less than 0.2% THC and loaded with CBD.

French law is very clear on the subject Only hemp fibers and seeds can be used commercially or industrially. In fact, flowers are excluded from sale and processing, making it impossible on paper to extract CBD in France. This is why most of the CBD sold in France, in e-liquids, dietary supplements or cosmetics, comes from abroad (Czech Republic, USA, China...).

But are we sure that this very French restriction complies with European legislation on hemp?

French hemp law contravenes European law

We've already said it briefly in a previous article, French law does not comply with European law on hemp.

As confirmed separately by Renaud Colson, Senior Lecturer in Law, and Ingrid Metton, a lawyer specializing in cannabis, European Union law establishes a common market organization for certain agricultural products. These include varieties of hemp (Cannabis sativa L.) listed in the EU's Common Catalogue of Agricultural Species. Agricultural production, trade and industrial use of these products are authorized under European law, provided their tetrahydrocannabinol content does not exceed 0.2 %.

French law restricts the production and industrial use of hemp to its fibers and seeds, and authorizes only 21 plant varieties. These conditions are more restrictive than those laid down by European law. European law takes precedence over national law.

The conclusions concerning the legality of the production, sale and use of the flowering or fruiting tops of the Cannabis plant with a THC content not exceeding 0.2 % are therefore self-evident.

Read more: French and European law on CBD in France: 3 expert opinions