Is CBD legal in France?

France regulates the sale of products containing CBD, but prohibits the sale of light cannabis and leaves. This has been reported in recent days by AFP with news reported by Le Figaro, even though the measure was anticipated.

The French ban on light cannabis and CBD was invalidated by the Court of Justice of the European Union in November, with a ruling that emphasized the free movement of goods. The judges concluded that CBD is not a narcotic and that Paris could not prohibit the sale of plants and products authorized in other European countries.

The new regulation, which has been rewritten over the past six months, states that “the authorization for the cultivation, importation, exportation, and industrial and commercial use of hemp” is “extended to all parts of the plant,” provided that its THC content — the psychoactive molecule of cannabis — as well as that of finished products, is below 0.2%, the Prime Minister’s office told AFP.

The decision to allow French farmers to cultivate CBD for the production of derivatives clarifies the activities of specialized shops that have operated until now in obscurity and risk legal actions. They will be allowed to sell various CBD-based products, such as foods, oils, cosmetics, and e-cigarettes, but they will not be able to sell raw flowers and leaves. “The marketing of raw buds or leaves for smoking or herbal teas is prohibited, as are products containing raw hemp,” they reportedly stated from the Prime Minister’s office. A restriction “justified by reasons of public policy and public health“, French newspapers report.

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According to AFP, a source close to the matter emphasizes that allowing flowers “would have posed problems in the event of police control.” Without analysis of the seized weed, it is impossible to know if the consumer is in possession of cannabis with a high THC level, authorities point out.

The drafting of the new order is expected to be finalized soon. The text will then be sent to the European Commission. EU member states will then have “a maximum of six months” to raise questions with France before a possible publication in the Official Journal.