CBD flowers now legal in France

Der Staatsrat von Frankreich erklärt den Erlass vom 30. Dezember 2021 für nichtig, welcher den Verkauf von Cannabisblüten und -blättern mit einem THC-Gehalt von weniger als 0,3 % verbietet. Die zuständige Behörde stellt fest, dass CBD über keine psychotropen Eigenschaften verfügt, nicht abhängig macht und deshalb nicht als Betäubungsmittel betrachtet werden kann. Der Staatsrat stellt weiter fest, dass es nicht erwiesen ist, dass der Konsum von Blüten und Blättern solcher Cannabissorten mit einem niedrigen THC-Gehalt eine Gefahr für die öffentliche Gesundheit darstellt. Daher wurde das allgemeine und absolute Verbot betreffend Vermarktung solcher Produkte für rechtswidrig erklärt.

The French Council of State has annulled the decree from December 30, 2021, which banned the sale of cannabis flowers and leaves with a THC content of less than 0.3%. The authority found that CBD doesn’t have any psychoactive effects, isn’t addictive, and therefore can’t be considered a narcotic. The Council of State also noted that there’s no proof that consuming flowers and leaves from these low-THC cannabis varieties poses a risk to public health. So, the general and absolute ban on marketing these products was declared unlawful.

French public health law (Article R. 5132-86) banned the production, marketing, possession, purchase, or use of cannabis (flowers, leaves, resin, and products made from them). However, it did allow for “the cultivation, import, export, and industrial and commercial use of cannabis varieties that don’t have narcotic properties” under certain conditions.

Based on this exception, an interministerial decree from December 30, 2021, allowed the use of flowers and leaves only from cannabis varieties with a THC content of 0.3% or less for making extracts that also meet this limit. At the same time, the decree banned the sale of “raw” flowers and leaves from these varieties to end consumers, no matter the form of the final product (herbal teas, oils, CBD cosmetics…).

At the start of 2022, the judge for urgent matters at the Council of State suspended the enforcement of this ban with a decision from January 24, 2022. On December 29, 2022, the Council of State ruled on the matter and found the general and absolute ban on marketing raw cannabis leaves and flowers with low THC content, meaning without psychoactive effects (<0.3%), to be disproportionate. So, it lifted this ban that was set by the decree from December 30, 2021.

CBD has no psychoactive effects and isn’t addictive

The investigation by the Council of State found that CBD and THC levels vary a lot between different cannabis strains. These two substances, CBD and THC, are the main cannabinoids found mostly in the flowers and leaves of cannabis, and their effects are very different. Scientific data presented by the parties showed that CBD has relaxing and calming properties and can help with cramps, but unlike THC, it doesn’t have any psychoactive effects and isn’t addictive. So, cannabis strains with low THC content (<0.3%) aren’t considered addictive substances.

CBD doesn’t pose a public health risk that would justify a general and absolute ban

When reviewing the legality of the ban, the Council of State first pointed out that a ban like this must be justified by the goal of protecting public health and must be proportionate to the health risks posed by the substances being regulated.

It found that health risks depend on the actual amount of THC consumed. It ruled that the harmfulness of other molecules found in cannabis flowers and leaves, especially CBD, hasn’t been proven according to current scientific data.

Based on the scientific evidence presented, the Council concluded that consuming leaves and flowers from cannabis strains with less than 0.3% THC doesn’t create public health risks that would justify a general and absolute ban on their sale.

Tests make it easy to tell cannabis strains apart

To justify the ban, the Minister of Social Affairs and Health argued before the Council of State that selling flowers and leaves from non-psychoactive cannabis strains would undermine drug control efforts because they look too similar to flowers and leaves from THC-dominant cannabis strains with narcotic effects.

However, the Council of State found that the THC content of flowers and leaves can easily be checked with cheap rapid tests, which can distinguish narcotic from non-narcotic strains. So, the Council believes that protecting drug policy isn’t a valid reason to ban the sale of raw cannabis flowers and leaves with less than 0.3% THC.

Unlike in Switzerland, it’s still unclear in France under which product category cannabis flowers with low THC content can be sold. So there’s still a gray area here that needs to be regulated.

Source: https://www.conseil-etat.fr/actualites/cbd-annulation-de-l-arrete-interdisant-la-vente-des-fleurs-et-feuilles-de-cannabis-sans-proprietes-stupefiantes