What can we make of the latest raids on CBD stores?

“There's nothing we can do, it's coming from the top.” Such was the explanation given by police officers sorry to have to spend time on hemp flower searches at some of the 4 stores worried last week.

While over 100 stores now sell CBD cannabis, not counting tobacconists who have launched their own range and who could easily multiply this figure by 10, how are we to understand these latest raids?

In the beginning were the coffeeshops“

When Cofyshop has been raided, The media coverage of Paris's «first coffeeshop» was frightening.

This was too good an opportunity for the French government to reiterate its position on cannabis. And since most products have been found to contain less than 0.2% THC, it still has a very practical article of law, “provocation to use narcotics».

A number of Parisian stores around the CBD were also visited on the same day by someone claiming to be “from the Prefecture”. Simple verification or scouting? In any case, a store in the 11th arrondissement was awarded a "Très Bien" for its flowers, not visible from the street, in opaque packaging. But the unofficial approval didn't last.

Climbing

As the searches progressed, the methods evolved: from «simple» closure, the DEA moved on to sealing, requiring a decision from the Public Prosecutor's Office to reopen, which takes a long time to obtain, and freezing bank accounts.

The objective is clear: to prevent the outlet from reopening. The shopkeepers' past is scrutinized, their assets accounted for, their homes searched.

The charges initially revolved around drug trafficking when levels exceeded 0.2%, and incitement otherwise. In this latest round of raids, all are being prosecuted for drug offences, punishable by 10 years' imprisonment and a €7,500,000 fine, even if the THC level is below 0.2%, even if they are not selling flowers but CBD-containing food products, as well as for incitement to drug use.

We might ironically argue that today it's less risky to run ovens in Montreuil than to try to sell CBD flowers, were it not for the fact that the professional and personal lives of entrepreneurs are at stake.

What's it all about?

While the first wave of raids was easy to read, this one leaves us circumspect. 4 stores were raided:

• Bestown Paris: the only franchise store to be closed down
• Root's Seed: a store selling CBD seeds and products, including flowers
• Hemp Concept: the Montpellier store has already had his flowers seized, which were returned to him, with a waiver of prosecution
• Canna Coffee: a «coffee bar» that sold CBD cookies and brewed coffee, but no flowers

How can you understand that the Paris Public Prosecutor's Office opens investigations at every turn, when the response in the regions is different? Why hit a café? Stores that had already been visited by the police to check their products, without prosecution? A company that has already certified the legality of its products in the south of France?

Do the police and the justice system have that much time to give to entrepreneurs selling unsuspecting flowers or cookies?

Confusing leads

For our part, we did some digging. It would appear that :

• The Interior and Health Departments have brought out the Big Bertha to put a stop to the sale of hemp flowers, and are hitting hard everywhere, especially in Paris.
• Customs are reportedly instructed to block bulk flower packages for as long as they can. We did a test and managed to clear 200g of hemp flowers from Switzerland through customs. For individual deliveries, almost everything goes through. So there are no rules.
• MILDECA has acknowledged on several occasions that its “reminder of the law” on CBD and hemp flower was only an official position, not a legal one. The “reminder” was supposed to be supported by all the ministries, but the MILDECA was dropped at the last moment. Nevertheless, the MILDECA would have understood the importance of establishing a real framework for hemp, whose legal instability could weigh heavily on the entire industry.
• In the field, law enforcement officers are rather pleased with the opening of these stores, which could relieve 60% of their daily work: the “shiteux” race.

The risks

The warning had been sent out several times by various players: since the government was slow to move forward on the cannabis market, sooner or later the market would do so in its place. And while this began with CBD-derived products, the example of CBD flowers attests to the inability of governing bodies to listen to feedback from the field and regulate in time.

The main risk today would be over-simplistic regulation: for example, banning the private trade in flowers and CBD, and distributing both to tobacconists and pharmacies respectively, ruling out an obvious comfort and wellness market.

Let's hope for the sake of the French hemp industry that the vacations bring good news.