CBD in France
CBD in France
In this article, we will discuss the legislation related to the cultivation and sale of CBD flowers in France in order to give you an overall view of what is currently happening regarding the legal framework of the CBD market in France.
CBD culture in France
Currently, CBD cultivation is authorized in France for farmers, if it is grown and harvested in open fields only. CBD harvests in greenhouses (greenhouse) and indoors (indoor) are still prohibited even if the entire sector would like to see a change in this direction.
In the eyes of the law, the floral tops (aerial part containing the summit or apical inflorescence) are still considered waste and cannot be marketed in France.
Some farmers are already defying this law by looking for other names for flowers. In view of the explosion of the market for the sale of CBD flowers in France from all over Europe and even the United States, this would seem more than normal.
At present, it is therefore possible and above all legal to cultivate hemp in open fields for the purpose of marketing CBD products, provided that the CBD flowers are processed. You therefore obviously have to be a farmer for this and above all inventive.
As for individuals, it is exactly the same thing: it is not illegal to grow CBD in France for an individual. The rate must comply with the legislation, i.e. less than 0.2% THC. However, you will have to turn to the official catalog of legal species and varieties in order 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 sector, both in terms of production and marketing.
For the moment, the legislation on CBD in France remains quite vague. On the other hand, there is a desire to clarify certain points because our country is lagging behind in comparison with many European countries that have already legislated in favor of CBD for several years. In addition, France is keen to maintain the ban on the production of flowers.
This decree therefore does not go in the direction of French farmers who produce the flowers, while the latter could see their income increase if the legislation were to move in their favor. However, the current government does not hear it that way and absolutely wants the product to be processed. Farmers must therefore transform CBD flowers into CBD oils or CBD resin for example, which is not at all the same job and which is very expensive in processing equipment.
Legislation concerning the sale of CBD in France
Today, CBD in France has no official legislative framework. We are clearly in a so-called gray area. Since CBD is not considered a drug, CBD players in France therefore rely on European laws specific to free trade and this is why many shops have been able to open all over France.
The French government has just sent a new decree, as explained above, to the European Commission this summer. The entire sector is therefore waiting for the decision of this commission. If this decree is accepted, CBD will (finally) have a legal framework, but this law will not go in the direction of all CBD players in France. This text will therefore have to be validated by the commission, which reserves the right to refuse 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 eludes the integrated CBD players in France, the country proposes to ban nothing less than the marketing of CBD flowers and CBD leaves, as well as any product containing them in their raw state ( small CBD buds , but also Trim CBD mixes, etc.), explaining that it would be too difficult to differentiate CBD flowers from illegal cannabis (containing high or even very high THC levels).
The government would therefore accept that CBD players in France market resin, given that they want the product to be transformed starting from the flowers! These statements are inconsistent with the measures taken by successive governments in their actions against drugs, particularly in the areas where the majority of cannabis resin with a high THC content comes from. These are reflections that could be described as inconsistent or even counterproductive.
If there were real arguments, we could debate, but at this level it is clearly dodging the issue. Once again, it is unthinkable that the state does not take the lead from countries that have taken the lead, such as Switzerland or even major world powers such as the USA or Canada.
In France, the CBD sector is functioning but was nevertheless created without state aid and without a clear and precise legislative framework. In addition to being in strong growth, this sector creates a huge number of jobs (from the cultivation of CBD to its marketing in online or physical stores, including of course the transformation into derivative products). It is therefore a real boon for France, which of course already benefits financially from this constant growth.
While waiting for the decision of the European Commission, the CBD market in France continues its development and will continue to develop. This food supplement that is CBD, in all its forms, is indeed generating more and more followers in France and around the world.
The Cali Weed team