The CBD world makes its voice heard at the Conseil d'État

They're all there, or nearly all. A small smile, a fist-to-fist salute - Covid obliges - before entering the gilded Palais-Royal, in the heart of Paris. Under a beautiful winter sun, they are hoping today to get the ban on the flower overturned, recently decided by the government. With a surprise guest: Yannick Jadot. The ecologist presidential candidate came for a few minutes to take a photo and denounce the attitude of the executive.

After climbing a few steps, the CBD industry and government representatives enter a magnificent, well-lit room. Madame Von Coester, the interim relief judge, awaits them, seated behind the lectern in the center of the room. The CBD representatives - known as the petitioners - take their places on her right. Those defending the government sit opposite.

The Conseil d'État judges conflicts between citizens and the administration. Its judges have the power to annul government or prefecture decisions if they are disproportionate and/or illegal.

Today, the CBD world has filed a petition for interim injunction and several summary proceedings to overturn the order banning CBD flower. The référé-liberté procedure requires «serious and manifestly illegal infringement of our fundamental freedoms».». The second must reflect an emergency situation. Today, the economic emergency is highlighted by the stores, which derive 70 % of their revenue from flowers.

A flower market worth «300 to 400 million euros»

The hearing resembles an attack-defense. Lawyers for the Syndicat Professionnel du Chanvre (SPC) and the Union des Professionnels du CBD (UPCBD) attack the government's recent decision. The judge listens, sometimes nodding in agreement. Then the government - represented in particular by the MILDECA and the Ministry of Health - defends itself and justifies its choice.

«Today we're talking about a decree that absolutely and immediately bans the sale of the flower».», begins lawyer Charles Morel, also president of the UPCBD. «I have dozens of accounting documents proving that flowers account for two-thirds of sales in our stores.». The judge nods in concentration.

To support his argument, he mentions the case of a CBD merchant who was prosecuted. «The reasons given were precisely the order of December 30, which we are discussing today».», says Morel. The shopkeeper he's talking about is at the back of the room. He stands up so that the judge can see him, arms folded in concentration.

Judge Von Coester then asked about the economic weight of flowers in France. « 300 to 400 million euros at present, but this could rise to 1 billion euros in a mature market».», answers SPC boss Aurélien Delecroix.

To prove the economic urgency, lawyer Cédric Uzan Sarano, who is defending the SPC and the Green Leaf company, brought bags of herbal tea. He showed them to the interim relief judge. These are the same CBD herbal teas that Green Leaf markets, via «Monoprix, Auchan, Carrefour are all well established brands».», says the legal expert. Problem: «In our recent emails, the supermarkets are telling us: ‘Happy New Year... By the way, what's this decree?!’ You can check for yourself, the e-mails are on file.»

«Apple juice is fine; apples are a narcotic».»

Then comes the time of contradictions: the recent decree authorizes CBD extract, but not the flower. «The government tells us: ‘Apple juice is fine. Apples are narcotics’, and I'm hardly exaggerating!« joked lawyer Cédric Uzan Sarano.

Another contradiction is the public health reason put forward by the government for banning the flower. «The French Constitutional Council recently handed down a decision on January 7, in which it precisely defines a narcotic. We says it's a psychotropic substance with addictive and harmful effects on health« . And according to him, CBD is none of the above. MILDECA observes, without a word.

The government's anti-drug office also writes that cannabidiol is «psychoactive». This has lawyer Xavier Pizarro up in arms: «Madam President, recent studies have proven that looking at your dog causes a release of hormones!». The room erupts in laughter.

CBD advocates are also trying to dismantle the government's argument that CBD is banned because it can be smoked. « Mut then you'd have to ban cigarettes - that argument doesn't hold water for a second, so we can end the debate!, attacks lawyer Uzan Sarano, very effective in his speeches. His client, Aurélien Delecroix, points out that Belgium and Luxembourg consider cannabidiol to be a «smoking plant», taxed in the same way as tobacco.

MILDECA struggles to make its voice heard

Finally, the executive puts forward a «public order» imperative. In its view, it is impossible to authorize CBD flower because it is so similar to THC flower. The industry's various unions point out that rapid, inexpensive tests are available to make this distinction. « Why does the government cite public order as a reason? Because the Court of Justice of the European Union tells us there is no public health problem. So that's all that's left!, continues Pizarro.

In the midst of all these attacks, the government bench is struggling to make itself heard. It is made up of two representatives from the Ministry of Health and Valérie Saintoyant, General Delegate of the MILDECA. « In France, we do not have tests capable of detecting 0.3 % of THC».», she replies, briefly.

The judge then asked her why make a distinction and authorize CBD extract while prohibiting flowers. «There is no particular fate for flowers, it's the cannabis plant as a whole that is classified under international and French law.», says Valérie Saintoyant. On several occasions, she deliberately uses the term «cannabis». Opposite, we prefer «hemp». Two words that refer to the same plant, but with very different definitions in the collective imagination.

At the end of the two-hour session, the Chair thanked everyone for their hard work. «Lighting up the mood». The lawyers all thanked her for her very efficient handling of the debate. The interim judge let everyone have their say, without rushing or stepping aside. She looks forward to seeing all parties next week, when the decision will be deliberated.