Is CBD legal in France ? You may have heard different but it is legal. Let us explain why it is legal in France and why you think it isn't ! Is CBD legal in France? Short answer: yes, 100%. However, the legislation has not always been so clear, both in France and in Europe. CBD and THC in France. Is CBD legal in France? Is THC legal in France? Is Medical marijuana legal in France? Read more!
Is CBD legal in France ?
CBD, a natural molecule found in hemp, has made controversial headlines in France, with the Kanavape lawsuit for example. This lawsuit started the ongoing legal battles between the french government and the cannabidiol industry. So today, in 2022, is cannabidiol legal in France ? Short and simple answer is, as of today, CBD is legal in France, as long as the shape it comes from has less than 0,3% THC. Since CBD isn’t a drug, it has no reason to be illegal. Yet, many people in France and abroad think they heard it is illegal. Why ? What does the law say ?
CBD legislation in France 2022
The most recent law in France from December 30th 2021
Since December 30th 2021, commercial CBD products derived from hemp are legal as long as they have less than 0,3% tetrahydrocannabinol (THC). This is the first part of the decree’s purpose on the article R. 5132-86 of the Code de la Santé Publique.
Partly, it clarifies the CBD products’ legality since they were not defined by french law. Simultaneously, the second part attempted to prohibit production and sale of CBD flower, which affected negatively both France’s hemp market and CBD’s reputation in France.
French State Council suspended the decree in 2022
The attempt to ban CBD flower has created a lot of confusion around CBD, which is why so many asked whether CBD was legal in France or not. In reality, it is merely CBD flower. However, CBD industry brought proceedings before the French Council of State to suspend and annul the decree. On the 24th of January 2022, the State Council decided that the law was too harsh and unnecessary. Thus, they did suspend the decree indefinitely and CBD, including hemp flower, is protected by EU’s laws, like it used to be.
Our body oil Zarathoustra in a parisian CBD shop with 10 natural ingredients !
CBD in France and EU law
The reason CBD has had long legal battles between the french government and different shops is because the molecule is protected by EU law. EU is a single-market with free movement of goods. Consequently, a product legally produced in one country can’t be prohibited by another member. In november 2020, the Court of Justice of the European Union declared that attempts to prohibit CBD flowers were contrary to EU’s fundamental principles. This is the main reason why CBD, whatever the form, is legal in France as long as it is below 0,3% THC.
What you need to know about French CBD
Why should you try French CBD ?
First of all, France is one of the biggest hemp producer in the world. Even though most of it is for industrial and agricultural purposes, there is a certain know-how. Moreover, french law and CBD products’ conformity is extremely important so brands tend to be very careful with the quality and safety of their products. At least, it is one of our priority !
CBD’s effects are subtle and pleasant. There are differents ways of taking CBD and as many reasons to try it. Even if scientists have a hard time understanding the intricacies of CBD’s interaction with the nervous sytem, preliminary studies are very positive and encouraging on the anxiolytic and anti-inflammatory potential of the molecule.
Where can you buy CBD in France ?
You can find many CBD shops to purchase CBD but you can also order it online. We created a collection of products with CBD and other natural ingredients. The collection is designed to help you care for yourself and your loved ones, taking in account different uses, desires and needs. You can also find our selection of CBD flowers, produced in France. Everything, from our CBD oils to the packaging, is produced in France. We use premium glass made in France to store our products, which guarantees ideal storage life.
Our 15% CBD oil with sweet orange, marjoram and roman chamomille.
The basics to stay out of trouble with French laws
You can start by asking or looking for the product analysis to see the type and quantity of cannabinoid in the product. You can find ours in the description of each product and you can contact us on instagram or on the website if you have any question. The law requires products to have less than 0,3% THC.
If you prefer CBD flower, don’t carry more than 9g at once. Keep it sealed, have the receipt with you and don’t smoke it ! Do not take CBD before driving. Even if CBD isn’t looked for by the police in a saliva test, THC traces can be found.
TLRD ; CBD is legal in France
To make it as short as possible, yes CBD is legal in France. In december 2021, a contradictory decree by the government okayed CBD products but prohibited the sale of hemp flower. The Conseil d’Etat (State Council) suspended the decree so CBD, including flower, is protected by EU’s laws of free trade. Hence, you can enjoy french CBD, its delicacies and légèreté. However, keep in mind a few basic rules to not get in trouble by only consuming safe and compliant products. If that interests you, you should check our collection of selfcare products – the Luxury of French CBD excellence !
Is CBD legal in France?
We have long talked about the vague legal framework concerning CBD legislation in France. It is true that the legal texts have not always been clear, mainly because the CBD was not directly cited.
With the development of the market and the multiplication of cases, the situation has changed and French and European laws now define more precisely what is possible or, on the contrary, prohibited. Without prolonging the suspense any longer, let’s announce it clearly: CBD is legal in France.
However, some specifics are good to know. This comprehensive guide looks back over the history of the CBD legislation in France and goes into the detail of what is authorized within the European Union (EU).
Is CBD legal in 2022?
Short answer: yes. In 2022, CBD is 100% legal in France as in the rest of the European Union. The situation was not always so clear, however, especially at the start of the cannabidiol market expansion in 2017/2018. Since then, however, a lot of water has flowed under the bridge.
The differences between the French legislative framework and the supranational law of the European Union (EU) have gradually been erased and all governments now agree that CBD is legal.
It is thus possible to sell, buy and consume cannabidiol without risk of being worried by any control. However, two things remain prohibited:
- The marketing of products derived from varieties of hemp not certified by the EU and/or containing more than 0,3% THC.
- La burning ofCBD products, even legal: understand, no flower joints or CBD resins, smoking is prohibited. Other modes of consumption (vaporization, infusion, cutaneous application, ingestion) are however authorized.
Let’s take a closer look at the legal texts in force at the European level, then in France.
CBD Legislation in Europe
Europe is nothing but the second largest CBD market in the world, behind North America. At EU level, CBD legislation is mainly based on a clear distinction between the different cannabinoids.
Le THC (and its acid form, THCA), considered a narcotic, is prohibited because of the psychoactive effects it causes and the addiction it can cause in its users. The other cannabinoids, and therefore CBD, are authorized since they present no known health hazard.
In one November 2020 press release, the Court of Justice of the European Union (CJEU) recalls as follows:
“According to the current state of scientific knowledge, which it is necessary to take into account, unlike tetrahydrocannabinol (commonly called THC), another cannabinoid in hemp, the CBD in question does not appear to have a psychotropic effect. nor any harmful effect on human health ”.
Within the EU, CBD is therefore legal. It is essential to start there since European law prevails over French law (in this case, we speak of supranational law). In particular, this protects the fundamental right of free movement of persons and goods within the Union.
CBD legislation in France: what does the law say?
It’s no secret that the French government isn’t exactly a fan of CBD. In question, the still almost systematic rapprochement of CBD to marijuana, even if many varieties of hemp are today EU certified et devoid of psychotropic effects.
The law of the CBD is therefore evolving slowly, experiencing some reversals in the process, but nevertheless always agreeing on the fact that the CBD molecule is completely legal.
Le December 30, 2021, the MILDECA (Interministerial Mission for the Fight against Drugs and Addictive Behaviours) published a announcing the establishment of a new regulatory framework.
Its purpose is clearly stated: to ensure the protection of consumers and to fight against drug trafficking, while encouraging the development of cultivation, industrial production and the marketing of hemp extracts.
These advances are major and should allow interesting economic benefits for CBD hemp producers at the same time as meet the needs of CBD consumers in terms of local production, quality and price.
CBD banned in France? What is legal and what is forbidden
- “The cultivation, import, export and industrial and commercial use” of hemp is permitted.
- The maximum permitted THC content is 0,3%.
- All parts of hemp can be used for the production of by-products (only seeds and stems were included in the previous decree, which prohibited the use of flowers and leaves).
- Only farmers have the right to grow hemp, and only certified seeds listed in the official catalog.
- La sale of CBD hemp plants and cuttings remain prohibited.
Le Council of state has moreover suspended the ban on selling raw CBD leaves and flowers from authorized varieties, citing as a reason the disproportionate nature of this general prohibition.
Consumers therefore remain within their rights when they buy CBD flowers to hemp infusions.
History: understand everything about the evolution of CBD legislation in France
In 2017, the CBD market is still in its infancy. A store in Dijon, however, helps to establish the French case law. Accused of drug trafficking for selling CBD flowers, his boss is indeed released thanks to European law. It indicates at the time that “products containing less than 0,2% THC, the psychotropic substance of cannabis” are authorized in Europe. For the first time, we can talk about Legal CBD in France.
MILDECA officially confirms the authorization and commercialization on French soil of cannabis-derived products with a THC level of less than 0,2%. However, this law only applies to theuse of seeds and fibers, and provided that the species is listed among the authorized varieties of hemp.
Prime Minister Édouard Philippe mentioned, during a trip to Creuse, the Government’s desire to study potential cannabinoid-based treatments, including CBD. He also specifies that it would be absurd not to encourage scientific research on the issue.
The legal uncertainty regarding the marketing of CBD flowers persists. European justice decides: France does not haveno valid reason to prohibit the import of products derived from hemp legally drawn up in other Member States. Beyond free movement within the EU, this is the argument of the safe from CBD which is put forward.
Scheduled earlier, but delayed due to the Covid-19 pandemic, the first experimentation with medical cannabis is finally launched in March 2021. It relates to 3000 patients suffering from pain related to multiple sclerosis, To theepilepsy or the family cancer and must last at least two years.
If validated, this experiment could well put a definitive end to the false reputation of CBD banned in France and address a patient base of a million French people.
In France, CBD flowers remain at the heart of the legal battle
Beyond CBD: legalization of cannabis beneficial for France?
The French government is known for sometimes having difficulty in innovating and for its tendency to look at what is happening elsewhere before adopting or not adopting a fundamental change such as a more general legalization of cannabis.
Luxembourg has already planned the legalization of recreational cannabis. The first German government post-Merkel era plans decriminalization from 2024. Italy defers to the opinion of citizens through a referendum and has already authorized cultivation for personal use since 2019.
Textbook cases should therefore no longer be lacking for long before putting the debate back on the political table. The former French President Francois Hollande, if he did not take advantage of his mandate to change things on this subject, has since amply explained why, in his opinion, a decriminalization without legalization would be counter-productive. At the same time, he came out in favor of total and supervised decriminalization.
Whatever happens, the benefits would be significant for the French CBD market.
Economic benefits of legalization for the CBD market
Cannabis as a narcotic has always been, unlike CBD, prohibited in France. But textile and agricultural hemp As for him, cultivated for a long time.
This form of hemp contains insignificant levels of THC, but is generally high in cannabidiol (CBD) and other non-addictive cannabinoids and not involving psychoactive effects (the CBG particular).
Further proof that CBD is not banned in France, the country is the largest European hemp producer, and the second largest producer in the world behind China.
With the explosion in the sale of light cannabis and a European law that tolerates the trade in CBD, we should find more and more products derived from CBD in France. This, especially in the cosmetic and food industry. An opportunity for French agriculture? Everything suggests it.
Indeed, French farmers see in the cultivation of hemp, a market with many outlets. This culture would on the one hand absorb significant amounts of carbon dioxide, but it would also much more lucrative than other popular crops, such as wheat.
Furthermore, the cultivation of textile hemp would be so controlled in France today, that the country would currently import most of these hemp needs from neighboring countries.
A finding that raises questions for farmers. They are optimistic that the French authorities will modify these regulations in order to to start, in their turn, in this enticing trade.
To conclude on the CBD legislation in France
CBD legislation changes regularly, gradually easing in favor of the cannabinoid
So far, the French state has played the caution with CBD and other products from hemp cultivation. A caution, or rather a reluctance, often difficult to understand when faced with the apparent no danger of taking CBD.
Well beyond the opinion of CBD consumers and those who are in favor of it, this is also the position defended by the CJEU.
The ban on a substance legally produced on European soil should not in fact be able to be pronounced by another member country on simple assumptions.
To put it simply, if France wishes in the future to ban CBD or one of its derivatives, it will first have to prove, with a lot of scientific data, that a real risk to public health exists. The risk is extremely slim since, since the discovery of cannabidiol in 1963, no major scientific study has demonstrated addictive, psychoactive effects or any health hazard.
What to remember from the CBD legislation
- All varieties of hemp authorized for industrial and commercial purposes are regulated and appear on a list.
- All parts of the plant (flowers, leaves, seeds and fibers) can now be exploited industrially.
- Manufacturers and sellers of products containing CBD do not have the right to it claim therapeutic virtues or indicate that it is a drug.
- It is also prohibited to advertise the therapeutic properties of CBD except drugs authorized by the ANSM or the European Commission.
- The maximum permitted THC level is 0,30%, in France as in the rest of the EU.
All parts of a CBD hemp plant can now be used
The guarantees of Weedy. Fr
Weedy.fr is a brand based in Italy. All the products offered on our CBD shop respect all these legal points in France and in the EU. All our products are subject to rigorous analyzes by different methods (gas chromatography, thin layer chromatography) in order to certify a legal THC level.
Public chat Weedy.fr, we offer CBD in the form ofe-liquid, ofoils, pollen or flowers. CBD flowers and resins, however, are not intended to be smoked.
Our items are vacuum packed and sealed in neutral envelopes in order to guarantee you maximum discretion. They are delivered within 72 hours and you will have no customs concerns because the products benefit from European law on the free movement of goods within EU member countries. We guarantee you 100% legal products with respect to European law and quality.
In the event of non-compliance of a product sold, it may be returned to the company. Weedy.fr who will take it back, exchange it or refund it.
All complaints, requests for exchange or refund must be made electronically to the following address: [email protected] , within a maximum period of thirty days after delivery.
The sale of the products presented on the site Weedy.fr is strictly prohibited for all minors under the age of 18. All the products bearing the mention “Cannabis CBD” in their name, are flowers intended for decoration. They should not be smoked or consumed. Weedy.fr cannot be held responsible for the misuse of its products.
CBD and THC products in France
For some time, CBD products in France had an unclear legal status, which caused many hemp companies to go out of business. The reason was that the French law assumed that food products could only contain isolated cannabidiol, which made for many contentious issues in their production.
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Is CBD legal in France?
Until recently, France allowed the sale of CBD products with less than 0.2% THC content, and these were available without a prescription. However, according to Regulation 1308/2013, the law was regulated in such a way that the content of THC in hemp products was completely banned, and CBD was only legal if it was made from isolated CBD.
EU law allows hemp with up to 0.2% THC content to be freely traded, and according to the EU Court of Justice, CBD oils can be exported and imported under the free movement of goods regulation issued. Cannabis laws in France are very unstable and constantly changing, which has led to the liquidation of a number of companies involved in the production of and trade in cannabis products. In December 2021, the French government published the Order of 30 December 2021 implementing Article R. 5132-86 of the Public Health Code, on adapting French law to the objectives of the CJEU judgement.
In the decree the following information was published:
- The cultivation, import, export and industrial use of hemp are permitted if the following conditions are met: only Cannabis sativa L. variety in which the amount of THC does not exceed 0.3%, and which are included in the official catalogue of species and plants cultivated in France;
- Hemp extract can be made from the whole plant;
- Hemp extracts and retail products that contain hemp extracts may have traces of THC up to 0.3% subject to limits set by European law;
- Products with hemp that meet the above requirements may be imported from non-EU countries or exported outside the EU – each product must have documentation proving its compliance with the decree.
Outlawing dried hemp in France in 2022
The December 2021 decree also included provisions outlawing dried hemp in France. However, that ban does not apply to hemp companies and farmers – they can possess dried CBD only for further processing, such as oil production.
Dried CBD has been very popular in France so far, as approx. 70% of hemp consumers have opted for dried hemp. Under a government decree, the sale of hemp flowers or leaves for smoking, drinking or brewing is currently prohibited. The government is arguing its decision is out of concern for consumer health and an attempt at helping police who may have trouble distinguishing between CBD products and products which are illegal, i.e. marijuana. The new regulations have drawn sharp criticism from the Greens party in France, with many politicians sounding the alarm that such a change opens the way for black market dealers.
In late January 2022, shortly after the ban was imposed, the Supreme Court in France temporarily suspended the ban. It is important to note that this is a temporary suspension and it does not constitute making dried CBD legal again in that country.
Medical marijuana in France
Medical marijuana is still officially banned in France. However, in 2021, the French government decided to go easy on patients and allow the use of reimbursable medical marijuana for pain management. The pilot program for reimbursement of medical marijuana for patients started as an experiment and was supposed to cover 3,000 patients requiring treatment with dried hemp.
Although marijuana for patients is free under the experiment, it still must meet pharmaceutical requirements. Doctors and pharmacies who want to join the experiment also need to undergo appropriate training in this regard.
The introduction of medical marijuana for patients as an experiment offers hope for a breakthrough in the use of the compound in France. This is because up until now, patients in that country have not been prescribed medical marijuana for any medical condition.