Matignon wants to ban CBD flowers in France, finished products allowed

Is the end of CBD flowers in France near? Matignon issued a ruling on Monday to bring France into compliance with European law in its own way. as established by the Kanavape ruling.

This text still needs to go back and forth between the five ministries involved, but the Prime Minister’s Office has decided on the main guidelines. The main one: «The sale of flower buds or raw flowers—whether for smoking or as herbal tea—is prohibited, the text states, as seen exclusively by ‘Newsweed’. »This restriction is based on public health considerations.".

« »The flowers were often smoked, and there is a genuine health concern when it comes to smoking. It's not just about CBD. These public health considerations are sufficient to justify this restriction.", explains a source familiar with the matter. The ruling by the Court of Justice of the European Union (CJEU) authorized France to regulate CBD « e»proving that there is a public health concern", explains attorney Eveline Van Keymeulen, who represented Kanavape before the European Court.

This ban will result in changes to the order of August 22, 1990, which governs hemp cultivation in France. The law had become obsolete following the CJEU ruling. As a result, there were a wide variety of interpretations of the law. CBD stores believed they were protected by European law. The government, however, favored a restrictive approach by targeting certain cannabidiol sellers.

Under the new law, hemp farmers will be able to harvest all parts of the plant—not just the fiber and seeds, as has been the case until now. The flowers, too, will be allowed to be harvested… « »so that the extracts can be used in the finished products", says a well-informed source. This restriction is sure to disappoint the Professional Hemp Union, which has long been an advocate for the use of the flower. Reached by Newsweed, its president, Aurélien Delecroix, did not respond to our questions.

60 % of in-store sales are from flowers

Another disappointment comes from the CBD stores. «I'm not going to let them push me around!", asserts David Aran, owner of CBD’eau, which has opened about 100 stores in France. »Flowers account for a significant portion of our sales. They make up 60 % of sales in our stores. If the sale of flowers is banned, many stores will have to close down."

However, according to a source familiar with the matter, CBD stores will be able to sell «finished products» (oils, candy, cookies…) as long as they contain less than 0.2 % of THC. A small victory for the cannabidiol industry. In fact, the roughly 500 French stores will be able to legally continue their operations. But the nature of those operations will have to change.

Do consumers who are in the habit of consume their CBD Will the ingredients in a joint or herbal tea end up in oils and other finished products? «I don't think so. The people who buy oils tend to be older adults with health issues.», says the owner of CBD’eau.

Scheduled to take effect in the fall

Now that Matignon has decided on the main guidelines, the five ministries involved (Agriculture, Justice, the Interior, the Economy, and Health) will continue to work on the new decree for a few days. The goal is: «to find the clearest possible wording», says an official, so as to avoid misleading interpretations.

Next, likely in early June, the French government will submit the text to the European Commission. There, a period of three months—or even six—will be observed. During that time, the other 26 European Union member states will be able to ask France to explain its rationale. After a maximum of six months, the text will be returned to France to take effect. The government’s goal is to publish it in the Official Journal by fall.