CBD in France
CBD in France
In this article, we look at the legislation governing the cultivation and sale of CBD flowers in France, to give you an overall picture of where the legal framework for the CBD market in France currently stands.
Growing CBD in France
At present, farmers in France are allowed to grow CBD, provided it is cultivated and harvested in open fields only. Greenhouse and indoor CBD harvests are still prohibited, even though the industry as a whole would like to see the rules change in this respect.
In the eyes of the law, the flowering tops (the aerial part containing the terminal or apical inflorescence) are still considered waste and cannot be sold in France.
Some farmers are already defying this law by looking for other names for the flowers. Given the boom in sales of CBD flowers in France, sourced from across Europe and even from the United States, this seems more than reasonable.
At present, it is therefore possible, and above all legal, to grow hemp in open fields for the purpose of selling CBD products, provided the CBD flowers are processed. Naturally, you need to be a farmer to do this, and an inventive one at that.
The same applies to private individuals: it is not illegal for a private individual to grow CBD in France. The content must comply with the legislation, i.e. less than 0.2% THC. However, you will need to refer to the official catalogue of legal species and varieties to obtain seeds authorised for cultivation.
On 21 July 2021, the French Ministry of Solidarity and Health approved a new decree on the application of Article R. 5132-86 of the Public Health Code to cannabis and notified it to the European Commission for approval (or rejection). It concerns the regulation of the hemp industry, covering both production and sale.
For the time being, CBD legislation in France remains rather unclear. There is, however, a desire to clarify certain points, as our country lags behind many European countries that legislated in favour of CBD several years ago. In addition, France is determined to maintain the ban on flower production.
This decree therefore does not work in favour of French farmers who produce the flowers, even though they could see their income rise if the legislation moved in their favour. However, the current government sees things differently and insists that the product must be processed. Farmers must therefore turn CBD flowers into CBD oils or CBD resin, for example, which is a completely different trade and requires very expensive processing equipment.
Legislation on the sale of CBD in France
Today, CBD in France has no official legislative framework. We are clearly in what is known as a grey area. As CBD is not considered a drug, players in the French CBD market rely on European free-trade laws, which is why so many shops have opened up all over the country.
As explained above, the French government sent a new decree to the European Commission this summer. The whole industry is now awaiting the Commission's decision. If the decree is accepted, CBD will (at last) have a legal framework, but this law will not suit every player in the French CBD market. The text must therefore be approved by the Commission, which reserves the right to reject all or part of its content.
The sale of CBD flowers in France
As mentioned above, shops have been multiplying all over France thanks to European free trade. France recently found itself obliged to amend its legislation in order to regulate this new market. Today it is entirely possible to sell hemp flowers and leaves containing CBD and a legal level of THC (<0.2%) thanks to Europe (France having no legislation on the subject).
For a reason that still escapes established players in the French CBD market, the country is proposing nothing less than a ban on the sale of CBD flowers and CBD leaves, as well as any product containing them in raw form (CBD small buds, but also CBD trim blends, etc.), arguing that it would be too difficult to distinguish CBD flowers from illegal cannabis (which contains high or even very high levels of THC).
The government would therefore allow players in the French CBD market to sell resin, since it wants the product to be processed from the flowers! This position is inconsistent with the measures taken by successive governments in their fight against drugs, particularly in the regions where most high-THC cannabis resin comes from. This reasoning could be described as inconsistent, or even counterproductive.
If there were genuine arguments, we could debate them, but at this point it is clearly sidestepping the issue. Once again, it is unthinkable that the state does not follow the example of countries that have taken the lead, such as Switzerland, or even major world powers such as the USA and Canada.
In France, the CBD industry works, yet it was built without state support and without a clear, precise legislative framework. As well as growing strongly, this industry creates a great many jobs (from CBD cultivation through processing into derived products, right up to sales in online and physical shops). It is therefore a real windfall for France, which of course already benefits financially from this steady growth.
While awaiting the European Commission's decision, the CBD market in France continues to grow and will keep on developing. CBD, a food supplement available in all its forms, is attracting more and more enthusiasts in France and around the world.
The Cali Weed team