Is the sale of CBD authorized in France ?

Is CBD legal in France ?

Yes, CBD is legal in France and throughout the European Union. Nevertheless, it must be said that the road traveled by CBD vendors and professionals has not been a smooth one. Over time, some restrictions have been lifted and European governments have agreed on the legality of CBD. The reason this cannabinoid is legal is simply because it has enormous therapeutic potential and is safe to use.

For CBD to be allowed for sale, all hemp-derived products must contain less than 0.3% THC. Regarding CBD flowers and resins, modes of consumption such as vaporization, infusion, ingestion or even skin application are allowed.

CBD is not allowed to be used in any way.

What is the difference between CBD and THC ?

Although both cannabinoids come from the same plant, CBD (cannabidiol) and THC (tetrahydrocannabinol) do not provide the same effects. THC is responsible for the psychotropic and addictive effects of hemp and is therefore considered a narcotic and illegal product, prohibited for sale and consumption. On the other hand, CBD offers therapeutic virtues such as anti-stress and anti-pain effects, without any potentially harmful side effects for the health. CBD is not a drug, THC is.

Note that the sale of cannabis containing more than 0.3% THC is punishable by 5 years in prison and a fine of €75,000. The prison sentence can go up to 10 years in case of sale to minors.

What does the law say about selling CBD ?

In 2022, the law on CBD in France has seen some upheaval. At the beginning of the year, a decree announced a ban on the sale of plants and cuttings, i.e. CBD flowers. Only active farmers are allowed to cultivate these flowers in compliance with national and European regulations. This decree is a real blow for CBD sellers because flowers are the biggest part of their sales. Paradoxically, the rate of THC allowed increases from 0.2 to 0.3%.

On December 29, 2022, the Council of State decided to permanently lift the ban on the sale of CBD flowers and leaves, and this was a great relief for CBD sellers and consumers. Finally, this ban was deemed disproportionate. Now, CBD can be sold in all forms, and especially in its most popular form: the raw form of CBD flowers.

Why has the law on CBD changed ?

There are several reasons for this reversal and change of heart on the part of the French government. The first is that CBD poses no public health risk that would justify such a ban. Even though the scientific research about CBD is not complete, there is no data that proves the possible harm of the molecules present in CBD flowers and leaves.

The State Council added that CBD offered relaxing, calming properties and anticonvulsant effects, with no psychotropic effects or addictive feelings. This seems to confirm the words of the WHO (World Health Organization) which attests that CBD is not harmful to health. The WHO also states that it is a controlled substance and not likely to cause psychoactive effects or any form of addiction.

The other argument that was used to defend the ban on flowers is the impossibility for law enforcement to differentiate between CBD and THC in case of control. It must be said that, visually, cannabis flowers are identical, whether they contain CBD or THC. Faced with this problem, the Council of State responded that it would now be possible to control the level of THC by means of quick and inexpensive tests. The purpose of this test is simply to detect the stupefying properties of a product.

Can the law on CBD sales change ?

Yes, the law is constantly evolving and is likely to change again. That being said, the order regarding the sale of flowers has been permanently lifted, which means there will be no going back. By making a definitive ruling, the Council of State offers the hemp industry new prospects for evolution and a sustainable economy for years to come.

For industry professionals, this is a major legal victory that will allow the entire sector to develop further. According to the Professional Hemp Union (SPC), France has more than 2,000 physical CBD stores. These stores alone account for 500 million euros, more than half of which comes from the sale of CBD flowers. And this figure does not even take into account online stores.

With scientific research underway, democratization and growing demand, it seems clear that the laws regarding this molecule will continue to evolve in the right direction.