A first victory for the CBD industry against Article 23

The announcement came in the middle of the night: the French National Assembly voted to abolish the’article 23 of the PLF 2026, a system that had all the French players in the hemp wellness. For the CBD, which is strongly affected by several of the text's measures, this decision represents a brief relief.

An article 23 that worried the entire industry

Initially, Article 23 introduced an arsenal of radical measures that would have entrusted the sale of CBD flowers exclusively to tobacconists and «approved establishments». It also intended to ban online sales, tax flowers heavily via an excise mechanism similar to tobacco and de facto killing off the French hemp industry.

For the CBD, Since a significant proportion of sales are made via the Internet and independent retailers, these provisions would have automatically restricted consumer access to products derived from legal hemp. Trade organizations have been hammering home this point for weeks: assimilate hemp to the logic of tobacco would destabilize a young, innovative sector structured around local proximity.

Under pressure from numerous protests, including those from CBD players but also from the vape community whose products were also impacted, MPs adopted amendment I-1277 tabled by La France Insoumise, thus completely deleting article 23 of the PLF.

The vote was widely interpreted as recognition of the disproportionate nature of the system. Professional organizations were genuinely relieved.

In a press release, the’AFPC - French Association of Cannabinoid Producers - welcomes “a breath of hope for the entire French hemp industry”, pointing out that “hemp is not tobacco”, and that the sector represents a promising future, “innovative, sustainable and rooted in the regions”. But the association also calls for continued vigilance, believing that nothing is yet certain.

The same is true of the’UPCBD, who spoke of a “milestone victory” for CBD hemp, while reminding us that “nothing is definitive yet”.

A temporary victory: the text reaches the Senate

Although the Assembly has deleted the controversial article, its future remains dependent on the rest of the legislative process. Visit Senate begins examining the text and may reintroduce article 23 in another form. The parliamentary shuttle leaves open the possibility of new attempts, whether by amendment or later in the Joint Committee.

The senators have already announced their intention to review in depth the amendments adopted by the deputies. Given the tight constitutional timetable, several scenarios remain possible, including the use of exceptional constitutional tools if no agreement is reached before December 23.

For the CBD industry, the next few days will be crucial. The mobilization remains strong: professionals, producers, associations and distributors are organizing to influence the debates, reminding us that the regulation of hemp must follow a coherent, proportionate and distinct logic from that of tobacco.