It’s a twist in the legal soap opera that pits CBD sellers against the government, The ministerial decree which prohibited, since December 31, 2021, the sale hemp flower and leaf loaded with CBD, the non-psychotropic molecule of cannabis, was suspended Monday, January 24 by the Council of State. In rendering its decision, the institution notably recalled in a press release that the flowers and leaves of certain varieties of cannabis were “devoid of amazing properties”, and could therefore be marketed in France.
This suspension further blurs the rules regarding the sale of cannabis products and its derivatives. In order to dispel doubts, franceinfo is making an inventory of the products concerned by this decision. and those which remain strictly prohibited by French law.
Hemp flowers and leaves allowed again
A handful of Cannabis Sativa L. sub-varieties, including so-called “industrial” hemp, are licensed for “cultivation, import, export and industrial and commercial use” in France, as specified in the ministerial decree of December 30, 2021, which nevertheless prohibited its sale in the form of raw leaves and flowers. Why these varieties? Because they contain a very low content of tetrahydrocannabinol (THC), another active principle of cannabis which has psychotropic effects. Thus, as long as the plant has a THC content of less than 0.3%, its parts (leaves and flowers) can be sold commercially.
However, the rules of cultivation, sale and consumption remain unchanged. Only hemp growers are allowed to grow these strictly controlled plants and can only grow varieties listed in the official French catalog. The sale of hemp flowers and leaves are prohibited for those under 18, a precautionary principle because the health authorities admit that they still know little about CBD.
CBD products are also authorized for sale, under certain conditions
Resins, creams, oils, sweets, cereal bars… CBD-based products can take many forms, and meet the demand of a booming market. The majority of these derivatives were also not affected by the sales ban of December 31, 2021, which targeted CBD for smoking. Only herbal teas have been temporarily banned, as they may contain raw flowers or leaves.
According to the decision of the Council of State, all of these products can be sold. Only requirement: the finished product containing CBD must have a THC content equal to 0. As with the leaves and flowers, the sale of these products is prohibited to minors. The majority of shops also advise against the sale of CBD to pregnant or breastfeeding women.
Finally, producers and sellers do not have the right to claim any therapeutic virtue, because the medical use of cannabis is barely in the preliminary examination phase by the National Agency for the Safety of Medicines (ANSM). They also do not have the right to maintain confusion between CBD and cannabis, under penalty of being accused of incitement to the use of narcotics.
Cannabis loaded with too much THC remains illegal
The rest of the leaves, flowers, resins and products derived from cannabis whose THC content exceeds 0.3% are considered narcotics and their use, possession, sale or transport are severely punished by French law. For the person who consumes it, this constitutes a criminal offense punishable by one year’s imprisonment and a fixed fine of 200 euros, or even 3,750 euros in certain cases. Growers and sellers risk up to ten years in prison.
By way of comparison with products sold legally, cannabis sold on the black market has an average THC content of 11% for grass, and 26.5% for resin, according to the latest Observatory readings. French for Drugs and Addictive Tendencies (OFDT). Or products 36 to 88 times more concentrated in THC, with sometimes serious consequences for health, especially for minors under 15 years of age.