The Ministry of Justice calls for no more prosecutions under 0.2% THC

In recent weeks, CBD owners have often emerged from the courts happy. More and more of them are being acquitted (i.e. declared innocent at the end of a trial) or have their charges dismissed (dropped by an examining magistrate).

«A very clear trend», adds specialist lawyer Ingrid Metton. «There are fewer prosecutions, that's for sure».», admits a magistrate wishing to remain anonymous. And with good reason: the Chancellerie, as the Ministry of Justice is known, has decided to ease off a little.

«The Directorate of Criminal Affairs and Pardons issued a dispatch on November 27, 2020, informing public prosecutors, and prescribing that prosecutions should no longer be considered [...] in connection with the marketing of CBD, unless THC is present in proportions greater than those of simple trace.», announced a spokeswoman for the Ministry of Justice in an e-mail sent to Newsweed.

One question remains paramount: precisely defining what a «simple trace». According to Emmanuelle Masson, «The instructions given to public prosecutors concern THC levels in excess of 0.2 %».

«A desire for flexibility»

This position is a complete U-turn, compared to the July 2018 circular. In this text, the Chancellery asked public prosecutors to act with «the utmost diligence particular firmness».» with cannabidiol retailers. Three years later, some prosecutors continue to pursue.

But others are applying this new dispatch, from November 2020. Such is the case for Willen Bétriche, owner of The CBD House store in Biarritz. «After two and a half years of proceedings, the court acquitted us on June 17. This is excellent news! When we came out of the hearing, we felt a great sense of freedom.« says the man who was handcuffed and taken into custody at the end of 2018.

For Bordeaux-based lawyer Julien Plouton, since the Kanavape ruling by the Court of Justice of the European Union (CJEU), «judges are finding it less and less difficult to say that French law is incompatible with European provisions», which shows «a desire for flexibility». «The CJEU is a supreme court, so we have to draw the consequences», asks lawyer Patrice Spinosi, who defends CBD before the French Supreme Court in The Pot Company case.

«A lot of products above 0.2 % are running».»

So, in future, CBD store owners will have to be very, very careful about the THC content of their products. If they exceed 0.2 % THC, they could be prosecuted. This is what happened to Stéphane Nimsgern. This cannabidiol wholesaler from Vaucluse spent five months in pre-trial detention at the Aiton prison in Savoie. Like many others, his case was eventually dismissed. But the experience left its mark.

«An Italian producer had sent me THC, instead of CBD. It was tested at 6 % THC by Italian customs. It was my first time in prison. It was very hard, psychologically».», he says. Today, he is campaigning for a «better product traceability». According to him, «There are still many products above 0.2 % THC in circulation».