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 ? 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 !
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.
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 !