A memo from the Paris Prefecture of Police re-launches the «fight» against CBD stores

On April 13, 2021, all department heads at the Paris Police Prefecture (PP) received a letter. On that day, the director of community safety sent them a memo. His goal? «The Fight Against CBD Stores». And this letter is now in the public domain. This valuable document sheds light on how the PP—a force of 42,000 officers with jurisdiction over the entire city of Paris and the departments of Seine-Saint-Denis, Val-de-Marne, and Hauts-de-Seine—positions itself in relation to stores «legal cannabis» that are blooming all over France.

In these four pages, Stéphane Wierzba explains to police officers «What to do» in cases involving cannabidiol. After A brief botanical overview of What is CBD (with a few factual errors), the Chief of Staff instructs the agents on how to comply with European law, as established by the recent Kanavape ruling.

«Contrary to what CBD stores almost always claim, the permitted THC content of 0.2% applies to the cannabis plant itself, not to the finished product derived from it.» , he writes.

Thus, a THC level «more than just a few traces» should be considered a «violation of the law» by the police. «The Kanavape ruling did not clarify the issue of THC levels, explains the prestigious lawyer Eveline Van Keymeulen, who represented the company Kanavape before the European Court of Justice. So France is sticking to its strict stance: as soon as traces of THC are detected, the product is banned. »

L‘France’s argument doesn’t hold water for another reason. «A »Since the cultivation of the plant containing 0.2% THC is permitted, there is no reason why its finished products should contain 0% THC! You can’t legalize the plant but not what it produces. It’s just common sense.", regrets Yann Bisiou, associate professor and specialist in drug law.

«The goal is to harass,» says Representative Mendès

The author of the note also provides an update on the «New Arrivals» raised by the Kanavape ruling. First: «CBD products can be derived from the entire plant, not just the fibers and seeds.». Next, «leaves, flowers, flower buds, and flower tops», in short, the «buds» of cannabis, «are still considered controlled substances.». In short, stores can sell CBD oil, but not flowers.

«This memo tells police officers: ‘Do this—go to these people’s homes because they’re not following French rules,’ but a judge could rule at any time that France is not in compliance with European law, Ludovic Mendès, Member of Parliament (LREM), criticizes, a member of the fact-finding mission on cannabis and rapporteur on issues related to CBD. The goal is to harass CBD stores by making people think they’re selling narcotics. »

Ingrid Metton echoes this sentiment: «I am appalled by the police department’s relentless pursuit.». This lawyer is representing a CBD store in Saint-Maur-des-Fossés, which has been cited as a «example of a practical application» in the note from the Police Prefecture. In this passage, the Chief of Staff states that «The two store managers were brought before an investigating judge to be formally charged.». A statement that infuriates Maître Metton: «That’s deliberately misleading!” My client has not been charged; he has been placed under court supervision : »An investigating judge ruled that there was insufficient evidence. The way the sentence is phrased makes it seem as though my client is being prosecuted."

A bill on CBD is expected by June

This stance against CBD taken by the Paris Police Prefecture, which reports to the Minister of the Interior, comes as no surprise. Other ministries are doing the same. In July 2018, the Directorate of Criminal Affairs and Pardons (DACG), a division of the Ministry of Justice, was taking a similar approach.

This document is intended for « »all attorneys general and district attorneys.". He stares «the extremely strict regulations governing the sale of CBD, and urges them to take firm action against those who distribute this product in violation of these rules». These are the words used by former Minister of Justice Nicole Belloubet, in a response to a senator.

In the meantime, MILDECA has been working for several months on a bill intended to regulate cannabidiol in France. Initially scheduled for June, the bill would have been delayed. According to Representative Ludovic Mendès, this setback can be explained by a «turf war between unions and lobby groups».