Is CBD still legal in France in 2022?

CBD : legality in France in 2022

You must have seen the news about the new legislation put in place by France in its latest decree on CBD (or cannabidiol) on December 30th. You may already know this, or you may not be aware of it, but for the past few years, France has seen a swift rise in wellness products containing hemp, which has allowed the CBD industry to flourish. This molecule, which, let’s not forget, is not psychotropic, could be banned. Why? Let’s take stock together.

The tense relationship between hemp and French legislation

Our country has never been a big fan of hemp and that, whatever its form. Despite the many benefits of CBD, France does not want to pursue its path with it. 

Two years ago, France wanted to ban the selling and consumption of CBD in all its forms. This was following the KanaVape case and the decision of the Court of Justice of the European Union (CJEU), which had ruled, in its press release of November 19, 2020, that the French ban was illegal, not considering CBD to be a narcotic or a medicine and invoking "the free movement of goods within the European Union."

On July 20, 2021, France revised its legislation legalizing the cultivation, import, export and commercial and industrial uses of hemp.

However, France decided to backtrack on its previous decision based on this fact, which was not clear, the sale of hemp flowers and leaves is not legal and will be prohibited.

The CBD decree in France

For those of you who haven't been following or simply haven't understood what's been happening over the last few days, we have been keeping an eye on it at Cakespace, and are there to keep you posted.

The decree that was published last Thursday, December 30th on the French government’s website, the “Journal Officiel”, formally prohibits the consumption and sale (under required conditions) of raw hemp flowers or leaves.

To go further, it explains that it is therefore formally forbidden to consume the raw flower or mixed with other ingredients, as well as the cutting. "In particular, the sale to consumers of raw flowers or leaves in any form, alone or mixed with other ingredients, their possession by consumers and their consumption are prohibited."

On the other hand, the legal THC rate increases: the hemp plant may, from now on, contain up to 0.3% THC instead of 0.2%.

Aurélien Delecroix, the president of the professional hemp union, says it himself: "The ban is neither justified, nor proportionate" - and we think he has a point… 

It would therefore be only allowed to use, from now on, products "based on" CBD and not to consume it directly.

The reason for this change in the law on CBD

The state complains about consumers smoking the product, proclaiming a reason for public order and health. Moreover, it puts forward the fact that it is not possible to distinguish if the product has THC or not.

Cannabis is known for its therapeutic virtues, first consumed for medical purposes, then democratized to become a product for recreational purposes.

Let's not forget that the CBD molecule does not contain any psychotropic particles and thus does not cause any danger to the health of the individual who consumes it. Our neighboring countries have understood this because it is possible for the competent authorities to verify the product in less than two minutes with a special device.

You are thus completely allowed to consume CBD with less than 0.3% THC.

CBD products that remain legal

CBD oils, vapes, cosmetics, and edibles, for their part, remain legal. To make it simple, anything made from CBD extract is legal.

Herbal teas and other products containing unprocessed leaves are therefore prohibited.

Compared to our European neighbors, France is taking a big step backwards, just as Germany is making progress in legalizing recreational cannabis.

An obstacle to a growing market

The market for "light cannabis" has grown strongly in recent years, making it much more profitable for farmers. From 1500 to 3000€ per hectare in case of valorization of the floral biomass, bio or not. It is thus a market which brings back enormously.

France is one of the largest producers of hemp flowers in the world, behind China and Canada, with nearly twenty thousand hectares of fields dedicated to cannabis leaves. This development has allowed a little more than 2000 stores to be created. This decree would jeopardize the business but also many jobs.

We can therefore wonder if this court decision is not a bit hypocritical, while the country could become the largest CBD grower in the world, besides the fact the largest consumers of CBD live in France.

Let’s add that France has already gone before the European courts for the KanaVape case. The professional union of hemp has just prepared summary proceedings and an appeal to the Council of State, which he will file later. France could therefore find itself before the CJEU again.

On Friday 7 January, the Constitutional Council ruled that the non-psychotropic molecule of cannabis was not considered as a narcotic and was therefore not dangerous, in fact, it does not represent any danger for your health.

We are all looking forward to the response of the Council of State, pending a response to the summary applications filed recently.

Little update :

Last Monday, January 24, the Council of State decided to suspend the decree prohibiting the sale and consumption of CBD flowers stipulating that there was, indeed, no danger to health. The varieties of flowers and the leaves of cannabis being “devoid of narcotic properties” can be sold in France, concludes the Council in its press release published on the site. We are still waiting for the last decision of the Council of State about the legality of the decree.

Whatever happens, we at Cakespace will continue to sell our products and are committed to helping any client who may have some difficulties due to this new legislation. By the way, since unity is strength, do not hesitate to sign this petition against the sale of CBD flowers, to support us during this fight, so that we can continue to offer you the ingredients of your best moments! 

Quality CBD products

Cakespace is committed to selling you quality CBD products that are made under optimal conditions and psychotropic-free. As we explained in our article on the 4 ways CBD can improve your daily life, its benefits show us that, at the end of the day, our little flower doesn't want to hurt you, on the contrary, it's only there to make you feel good. And we make sure that you can enjoy its effects in the best possible way.

Our products with cannabidiol extracts remain totally available for purchase and consumption for your greatest pleasure.

Don't hesitate to share this article with those who, like you, needed to catch up on the latest news about CBD, didn't understand what was going on or simply wanted to take their mind off it.  On your side, don't hesitate to deepen your research if you haven't assimilated everything, but hey, we didn't do too bad, did we?

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Cake it easy,

The Cakespace team.