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CBD in France: buying/selling, cultivation and legislation
Is it currently possible to freely buy and consume hemp, also known as cannabis, in France?
The answer is not a simple yes or no, but rather a bit of both. The state and the associations that protect stakeholders in the CBD sector in France have been locked in a standoff for years...
On the one hand, the French government published on 31 December 2021 a decree banning the sale of CBD flowers; on the other, the associations and certain political figures defended the sector and had this decree suspended on 24 January 2022.
To better understand, let’s take stock together of what is legal and what is not when it comes to hemp, cannabis and CBD.
CBD in France: is it legal or not?
The first thing to remember is that cannabis and cannabidiol are two completely different things. Although difficult to distinguish, they are nonetheless very different. Indeed, CBD (cannabidiol) and THC (tetrahydrocannabinol) are the two best-known active molecules in the hemp plant, which contains over 500 different cannabinoids, each with its own specific characteristics and effects.
CBD is increasingly popular for personal use thanks to its many benefits. As it is neither euphoric nor anxiety-inducing, CBD offers therapeutic effects that contribute to the well-being of many people suffering from anxiety, inflammatory pain, panic attacks, depression, sleep disorders, or conditions such as multiple sclerosis, epilepsy, Alzheimer’s, etc. CBD is also non-toxic (if not smoked). Unlike THC, not only does CBD not cause addiction according to several scientific studies already carried out on this subject, but it can also help combat addiction.
Currently, the law states that CBD in the form of flowers or leaves, and processed products containing cannabidiol, are authorised for sale in France.
Let us remember, however, that the decree of 31 December 2021 which prohibits the sale of CBD flowers and leaves is simply suspended for the time being.
CBD is legal in France, but not THC: why?
Our first paragraph already provides the beginnings of an answer as to why and how, but let’s explore this further.
From a legal and regulatory perspective, only CBD is authorised and lawful in France; unlike THC. The latter is still considered a narcotic due to its psychoactive properties. This is why it is illegal to sell, buy or consume it, both in France and in many other countries around the world.
As soon as the THC content in hemp is greater than 0.3%, its consumption is prohibited. According to French lawmakers, this is a sufficient level for the consumption of such a product to alter the consumer’s state of consciousness by acting directly on their brain.
This is where the sensation of ‘getting high’ comes from when one is ‘stoned’.
Other symptoms may also appear: red eyes, euphoria, dilated pupils, anxiety, paranoia... Consequently, the permitted THC content for CBD products on sale must not exceed 0.3% and such products cannot be sold in any form.
>>See 100% legal CBD products in France<<
How is CBD produced in France?
Although its consumption is legal, the production of CBD in France can sometimes be confusing. Given that CBD is extracted from hemp, just like THC, which is illegal in France, how can CBD be legally produced in France?
To avoid contravening current regulations, the French authorities have laid down a number of guidelines in this regard. Thus, anyone planning to produce CBD must:
- • Ensure they use one of the varieties listed and authorised in France by the Ministry of Health;
- • Use only certified seeds supplied by state-approved organisations;
- • Strictly adhere to the THC content limit imposed for hemp production, which is 0.3% in France.
Among the various existing varieties, some naturally comply with this limit, including those listed by the Ministry of Health. Furthermore, it is important to note that the authorities may require and carry out regular laboratory checks of the THC content to ensure that the producer complies with current legislation. The producer is also required to register their activity with the gendarmerie and the FNPC.
>>Looking for a CBD producer? Click here!<<
CBD in France: what does the law say?
Legislation surrounding CBD is progressing gradually and is likely to undergo several twists and turns in the coming months and years. Indeed, the Ministry of Health remains cautious and the government has not yet adopted a clear stance.
The decree dated 31 December 2021 repealed that of 22 August 1990 concerning cannabis. Until now, legal and commercial uncertainty had persisted in e-cigarette shops and among CBD wholesalers. Although things had remained unchanged for a long time, the government has finally decided to legislate on CBD, which is already a sign of interest in the sector.
This new decree therefore specifies that the THC threshold must not exceed 0.3%. This means that the purchase and consumption of CBD-infused smoking herb or resin with a THC content exceeding 0.3% are not permitted. The arguments put forward in this decree are:
- Public health: as CBD is generally consumed in a joint with tobacco, which is itself harmful to health, the authorities have decided to ban CBD flowers and leaves.
- Police checks: as CBD and THC cannabis strains are not easily distinguishable to the naked eye, banning the sale of CBD flowers should facilitate police checks. Furthermore the French police’s saliva tests are not suited to this type of testing.
However, these arguments do not appear to be acceptable to those involved in the CBD sector in France:
- Public Health: If it is the consumption of CBD with tobacco that poses a problem, shouldn’t legislation focus on the illegality of tobacco rather than CBD? “It’s as if we were allowing apple juice but not apples,” remarks Safia Lebdi, project manager at the L 630 association.
- Police checks: There are CBD tests used by the Swiss police that can detect whether a flower is CBD- or THC-dominant in just a few minutes.
CBD in Switzerland, Germany or the USA: how does it differ from France?
The subject of CBD seems to affect all 28 countries of the European Union. France, moreover, appears to be lagging behind its neighbours in many areas.
Indeed, Switzerland has legalised CBD since 2011, provided it does not exceed a THC content of 1%.
Not to mention the Netherlands, which are considered pioneers in this field; but other countries, such as Germany in 2017, England in 2018, Belgium in 2019, as well as Spain and Italy, have authorised the medical use of CBD, with a maximum THC content of 0.2%.
Looking a little further afield, across the Atlantic, the United States also appears to be ahead on this issue. Of course, the situation can vary completely from one state to another, as each of the 50 states has its own laws; but in 2018, the country authorised the industrial use of cannabis with a low THC content. Not only has this decision enabled local residents and producers to revive their businesses, but it has also revitalised the trade in American CBD.
Let’s give it time, but France still has a long way to go when it comes to regulating the CBD market.
To find out more about CBD legislation in France, Europe and Switzerland, we recommend reading our other articles on the subject:
