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Wondering if CBD or cannabidiol is legal in France? This question comes up very often in the discussions we hear from all sides, and in all walks of life.
So we’re going to try and shed some light on this subject, which has given rise to a lot of fantasies, as we’ve heard everything and its opposite since the debate began.
Unlike its closest cousin, THC, CBD is not on the official list of narcotics, and by definition is not prohibited by law. It is regulated under strict conditions, so CBD is legal in France.
However, it is derived from the Cannabis Sativa L plant, which is highly controlled. It is authorized under certain conditions and for very specific purposes, including the use of the plant’s fiber to produce so-called natural insulation, fabrics and even edible oils extracted from the seeds.
CBD is only one of the plant’s many components and is extracted from the flower. CBD can be found in a variety of forms, but it is clear that there is still some legal uncertainty surrounding it. Even so, we’ve seen many new stores open in recent years, including some high-profile ones in 2019. For a few weeks, there was hardly a day without a news item on the subject.
Faced with this, MILDECA (Mission interministérielle de lutte contre les drogues et les conduites addictives) published a note on June 11, 2018 taking stock of current legislation and the legality of CBD.
The most important thing to remember is that the plant used for all the above applications must contain less than 0.2% THC, and that only its fibers and seeds can be used to extract CBD. Flowers are clearly prohibited, to avoid any confusion and incitement to the consumption of cannabis full spectrum, which contains THC, a psychotropic molecule and therefore illegal.
The legislation has thus shed light on a grey area that existed on products promoting CBD. Indeed, it has now been established that the finished product must under no circumstances contain THC, not even a few traces, in order to be legal in France. Of course, all advertising of possible therapeutic virtues is forbidden, as this falls under the jurisdiction of the ANSM (Agence Nationale de Sécurité du Médicament et des Produits de Santé).
European law authorizes THC levels of up to 0.2% in finished products, as well as the use of flower. It’s not beyond the bounds of possibility that French legislation could evolve to bring it into line with the rest of Europe.
In view of the note published in June 2018, many stores had to close down, mainly due to the sale of dried flowers, which then became prohibited.
A number of legal actions are currently in progress, with a very clear line of defense based on European law, which proclaims CBD to be legal in France, as it is authorized in all EU member states.
It’s also interesting to note that some areas of France – such as Marseille, Lyon and Nantes – don’t seem to be bothered, probably thanks to public prosecutors who are more indulgent and open-minded than the MILDECA itself. In these few cities, we can easily find dried flowers with 0.2% THC in the shop window. Why is there such disparity across France? For some players are referring to European law which, as we mentioned earlier, authorizes the marketing of cannabis flowers on condition that they have a THC content of less than 0.2%.
We’ve been waiting for this for a long time, and now we’re finally seeing some noticeable developments in the current discussions, both in the National Assembly and in specific government commissions.
For example, it has been decided to launch a two-year trial of therapeutic cannabis in September 2019, so as to be able to draw up a precise assessment that will eventually enable us to legislate accordingly.
For example, a joint information mission is working at the French National Assembly on the regulation and impact of the various uses of cannabis.
Regulation and impact of the various uses of cannabis
4 components are clearly defined and worked on:
The SPC (Syndicat professionnel du chanvre), of which we are a member, is following this mission closely, and we have good reason to believe that a clear framework will soon be established around hemp. CBD (hemp wellness) and, we very much hope, with the lifting of the ban on the use of the flower and a THC level of 0.2%, in line with European legislation.
In the meantime, we at DS COMPANY can assure you that all our products are THC-free. Our analyses are available on request, so the CBD we market is legal in France.
Despite the clarification brought about by the regulations, we can see that not all players currently active in France have chosen to comply with the directives formulated. Our choice was to scrupulously respect them in order to become a player that will be part of the French panorama for a long time to come!
To be one of our customers is also to adhere to our committed and voluntary approach, to participate in the action of encouraging all French players to respect legislation, while enjoying products of extraordinary quality and bringing real pleasure to everyday life with CBD legal in France.
