Why the Conseil d'Etat reinstates the sale of CBD flowers

This is a major victory for CBD professionals. The Council of State has suspended the ban on the sale of cannabidiol flowers, as mandated by the government. This decision A ruling by France’s highest administrative court allows the 2,000 CBD product stores to legally sell hemp flowers again. Why did the judge in the preliminary injunction proceedings make this decision?

The order posed a «serious and immediate» threat to CBD sellers

Several hemp unions and lobby groups have highlighted «the economic emergency» they have been facing since the decree was issued. Shyw, the company that manages The CBD House brand, has even highlighted « a risk of »imminent bankruptcy" during the hearing.

The Council of State clearly took their arguments into account. « The contested order prejudices in a serious manner and immediatein light of its members' situation, by forcing them to destroy their inventory from hemp flowers and leaves and by depriving them of income amounting to between 50 and 70 % of their »revenue", as noted in the judge’s interim ruling.

Because the order contained too many contradictions

The decree of December 30, 2021, authorizes CBD extract but bans the flower… even though that is where the extract comes from. During the hearing, the lawyer for the Professional Hemp Union, Cédric Uzan-Sarrano, had the audience laughing when he argued: «The government tells us: ‘Apple juice is allowed. But apples are a narcotic.’«. Clearly, his argument hit the mark.

The judge presiding over the summary proceedings does not use the exact same wording as the lawyer, but the idea is similar. In her view, the order prohibits the sale of flowers « even though their content of THC, substance classified as a narcotic, is below the 0.3% threshold0 %, whereas this threshold is considered under the I of the same defined as the level below which cannabis plants sativa L. »have no narcotic properties." In other words: the government has made a mess of things.

Because it is indeed possible to tell CBD and THC flowers apart

That was one of the government’s key arguments. According to MILDECA, the «Domestic security forces […] must be able to easily distinguish between products in order to determine whether or not they fall under the criminal policy for combating narcotics.». Translation: Police officers and gendarmes must be able to tell the difference between a CBD flower and a THC flower at a glance. This explains the ban on flowers with a high cannabidiol content.

For hemp growers and retailers, There are quick and inexpensive tests available to distinguish between the two. The Council of State has therefore ruled in their favor. « This does not result in more than il it would not be possible to mobilize the resources needed to monitor this level, whereass The control measures are detailed, for the entire plant, in the appendix to the order, in order to distinguish hemp leaves and flowers, which, due to their very low THC content, could be viewed as lacking in»stunning properties", the judge argues.

She concludes curtly: «The average derived from this that the general and absolute ban imposed is disproportionate is natur»that raises serious doubts as to its legality".

Because CBD flowers are no more harmful than CBD extract

Another argument put forward by the executive branch is that CBD flowers are primarily consumed in joints, often mixed with tobacco. And «The risks associated with smoking are well established,», according to MILDECA.

The judge once again rejected the government's arguments. «He it does not appear from the record, as of the date of this order, that hemp flowers and leaves with a THC content not exceedinge to 0.30 % would a level of health risk that justifies a ban genercomplete and absolute control over their »sales to consumers and their consumption."

In short, CBD flowers are back in stores!