France submits its draft order to ban the sale and consumption of CBD flowers

Following following its conviction by the Court of Justice of the European Union (CJEU), France submitted its draft decree aimed at regulating activities involving «all parts of the hemp plant» and prohibiting certain parts from being sold to consumers.

If the draft order provides for the authorization of industrial activities involving all parts of the hemp plant, and thus the extraction of cannabidiol (CBD) based on the varieties listed in the catalog, «the sale to consumers of raw flowers or leaves in any form, whether alone or mixed with other ingredients—including as smoking products, herbal teas, or potpourri—as well as their possession by consumers and their consumption» would be prohibited, thus confirming our previous reports.

Only farmers and manufacturers would thus be allowed to handle hemp flowers and leaves. «The purchase of hemp flowers and leaves produced in France is governed by a written contract between the producer and the buyer. The contract includes information on the quantity and price of the products. The contract may include information on the expected quality of the products. The contract is concluded before the start of the production season.» it says.

The rationale for this deliberate ban has, however, changed: «public health imperatives» have become «public order grounds.» The CJEU has, in fact, already dismissed public health grounds for the ban on hemp, unless there are solid arguments—which France chose not to present.

The draft decree is open for public comment until October 21, 2021. In the meantime, European member states are sure to submit their comments.

French companies can also do so by submitting their comments directly to the European Commission if, for example, «the regulation could create obstacles to [their] activities (for example, because the measure discriminates between domestic and imported products, because it is excessively burdensome, or because it does not comply with EU law).»