CBD in France

CBD in France

In this article, we'll look at the legislation relating to the cultivation and sale of CBD flowers in France, to give you an overview of what's currently happening regarding the legal framework of the CBD market in France.

CBD cultivation in France

At present, CBD cultivation is authorized in France for farmers, provided it is grown and harvested in open fields only. Harvesting CBD in greenhouses and indoors is still prohibited, although the entire industry would like to see this change.

In the eyes of the law, flowering tops (the aerial part containing the top or apical inflorescence) are still considered waste and cannot be marketed in France.

Some growers are already defying this law by seeking other names for their flowers. Given the explosion of CBD flower sales in France from all over Europe and even the United States, this would appear to be more than normal.

At present, it is therefore possible and above all legal to grow hemp in open fields for the purposes of marketing CBD products, provided that the CBD flowers are processed. Of course, you'll need to be a farmer to do this, and above all, inventive.

As far as private individuals are concerned, it's exactly the same: it's not illegal to grow CBD in France. The level must comply with legislation, i.e. less than 0.2% THC. However, you'll need to consult the official catalog of legal species and varieties to obtain seeds authorized for cultivation.

On July 21, 2021, the French Ministry of Solidarity and Health validated and notified, for validation (or invalidation) to the European Commission, a new decree concerning the application of article R. 5132-86 of the Public Health Code for cannabis. It concerns the supervision of the hemp industry, in terms of both production and marketing.

For the moment, legislation on CBD in France is still rather vague. However, there is a desire to clarify certain points, as our country lags behind many European countries that have already been legislating in favor of CBD for several years. What's more, France insists on maintaining its ban on flower production.

This decree is therefore not in the interests of the French farmers who produce the flowers, even though they could see their incomes increase if the legislation were to move in their favor. However, the current government does not see it that way, and wants the product to be processed. Farmers therefore have to transform CBD flowers into CBD oils or CBD resin, for example, which is not at all the same business and is very expensive in terms of processing equipment.

Legislation governing the sale of CBD in France

Today, CBD in France has no official legislative framework. We're clearly in a grey area. As CBD is not considered a drug, CBD players in France rely on European free-trade laws, which is why so many stores have sprung up all over France.

The French government has just sent a new decree, as explained above, to the European Commission this summer. The entire industry is now awaiting the Commission's decision. If this decree is accepted, CBD will (finally) have a legal framework, but this law will not go the way of all CBD players in France. The text will have to be validated by the commission, which reserves the right to reject all or part of its content.

The sale of CBD flowers in France

Comme évoqué plus haut, les boutiques se multipliant partout en France grâce au libre-échange européen. La France s’est vue dernièrement dans l’obligation de modifier sa législation visant à encadrer ce nouveau marché. Aujourd’hui il est tout à fait possible de vendre des fleurs et feuilles de chanvre contenant du CBD et un taux légal de THC (<0.2%) grâce à l’Europe (la France n’ayant aucune législation concernant ce sujet).

For a reason that still escapes the integrated CBD players in France, the country is proposing to ban the marketing of CBD flowers and leaves, as well as any product containing them in their raw state(CBD small buds, but also mixtures of Trim CBD etc.), arguing that it would be too difficult to differentiate CBD flowers from illegal cannabis (containing high or very high levels of THC).

The government would therefore accept that CBD players in France market resin, given that they want the product to be processed from flowers! These remarks are incoherent with the measures taken by successive governments in their actions against drugs, particularly in areas where the majority of cannabis resin with high THC levels originates. These are reflections that could be described as incoherent, even counterproductive.

If there were any real arguments, we could debate them, but at this level, it's clearly a case of kicking the can down the road. Once again, it's unthinkable that the state shouldn't follow the example of countries that have taken the lead, such as Switzerland, or even major world powers like the USA or Canada.

In France, the CBD industry is up and running, but was set up without government support or a clear legislative framework. As well as growing rapidly, the industry is creating a huge number of jobs (from CBD cultivation to the processing of by-products and the marketing of CBD in online and physical stores). It's a real boon for France, which is of course already benefiting financially from this steady growth.

While we await the European Commission's decision, the CBD market in France is continuing to develop, and will continue to do so. CBD, as a dietary supplement in all its forms, is generating a growing following in France and around the world.

The Cali Weed team