Connect with us

Has France legalized Δ⁹-tetrahydrocannabinol (THC)?

Published

on

THC legal in France

Renaud Colson, Professor of Law at the University of Nantes, has just thrown another stone into the pond. After having revealed that France could not limit the action of the European law on hemp, de facto legalizing the use and sale of CBD flowers or preventing any limitation below 0.2% of THC content, Renaud Colson advert in Libération that France has «legalized» Δ⁹-tetrahydrocannabinol, better known as THC, in 2007. Really?

ADVERTISING

Technical fault

On paper, the loophole does exist, but there are two conflicting texts: article R5132-86, which records the exception of Δ⁹-THC, and the’Decree of February 22, 1990 which lists substances classified as narcotics.

Until now, the general interpretation was that the pharmaceutical article R5132-86 was limited by the broader 1990 decree. Renaud Colson argues that article R5132-86 «necessarily prevails over the general ban on cannabis and its resin», and therefore over the aforementioned decree, in addition to having been passed after the 1990 decree, reinforcing the derogation character.

According to his reasoning, cannabis flower and resin are still prohibited. Only THC or THC + CBD cartridges, such as Pax Era / Cookies / Venom, would be «authorized». The latter allow consumption without combustion, with only the active ingredients of cannabis, and are now widely used in US states where cannabis is legal. But this would be to pre-empt the availability of cannabis in France.

And in real life?

Renaud Colson's demonstration just needs to be validated. He himself points out its limits, anticipating the reaction of the legal system to «adventurers ready to engage in a legal battle with an uncertain outcome». Even if this loophole were to be used in court, the spirit of the law would still be to ban the sale and consumption of THC. To which Renaud Colson replies: «It's hard to see how judges could sanction adventurous entrepreneurs who market the cannabis industry's most innovative products, and the buyers who use them.»

ADVERTISING

A reminder of the Kanavape trial. At the time, the courts were able to find grounds for punishing these «adventurous entrepreneurs», who ultimately opened up a multi-million euro business in France. Will we be entitled to a Kanavape II for THC?

The chances are slim, and it doesn't change much for the user. As Yann Bisiou, Senior Lecturer in Private Law and Criminal Sciences, reminds us, the French government always wants to add a 300 fine for simple use in addition to prison sentences, and still refuses access to medical cannabis for the sick.

While THC e-cigarettes are empirically unlikely to be sanctioned and will always be available online, the spirit of French law is not changed by this loophole.

DON'T MISS ANY NEWS, SUBSCRIBE TO THE NEWSWEED NEWSLETTER!

1 newsletter per week,

every Wednesday!

We don't spam! See our privacy policy for more information.

Sweet Seeds
Silent Seeds

The child who legalized CBD in the world

Partner websites

Follow all the latest news about vaporizers on LesVapos, tests and buying advice for dried herb vaporizers and concentrates.


Buy cannabis seeds feminized and autoflowering direct from Barney's Farm in Amsterdam, free seeds with every order.

If you're in the UK and need some amazing Cali Weed Strain Seeds, Barney's Farm has the best selection.


Buy the best feminized cannabis seeds from Original Sensible Seeds, including their flagship variety Bruce Banner #3.


Discover the CBD flowers with Le Chanvrier Français


Mon-Cbd-Francais.com is the online CBD wholesaler for professionals. Benefit from wholesale prices, delivery (within 24 hours), recognized brands, analyzed and controlled products.


Weecl is the leading French B2B supplier in cannabinoids. They master the entire production chain to offer you the very best products.


Deli Hemp Pro, CBD wholesaler to ensure your store's success!


Find your happiness with the best of CBD on the CBD.fr online store, the leader in France since 2003.


Silent Seeds offers Dinafem feminized cannabis seeds, a historic brand and cannabis seed bank since 2005.


With CBDOO, Access a wide range of carefully selected CBD varieties at a fair price.


CBD Discounter, Your cheap CBD expert: low prices on flowers, resins, oils, vapes and derivatives: 10-OH-HHC, CBDP, CBG9, CBDX... Premium quality and 24-hour delivery.

Trending