Council of State suspends order banning CBD flowers

An overview to help you understand

So that you can understand this major event for CBD players and the cannabis world in general, it's important for us to recap the major events that have taken place recently. The sale of CBD is legal in France, but no law has been written to regulate it. If CBD sales are legal, it's thanks to the free trade of European goods. In France, the sale of cannabis-based products is normally prohibited, unless the THC content does not exceed 0.2%. Thanks to free trade, CBD stores have sprung up all over France in recent years, selling flowers containing less than 0.2% THC. For a long time, there were raids and intimidation, but thanks to these pioneers, things have changed and are moving in the right direction! For a long time, however, stores remained in a legal limbo with the French authorities.

The government continues not to take CBD seriously, even though many of its benefits have now been demonstrated by the scientific community. If you'd like to find out more about the benefits of CBD, take a look at our full article on the effects and benefits of CBD.

The Kanavape affair

In 2014 and again in 2018, a case shook the cannabis players in France, that of Kanavape. The defendants were convicted of offences relating to the sale of poisonous substances, as they marketed a CBD electronic cigarette. Naturally, they appealed to the European Court of Justice.

On November 19, 2020, the Court of Justice of the European Union ruled in favor of the Kanavape entrepreneurs. Finding that France's legislation on CBD imports from other member states was not in conformity with the principle of free trade in goods, making France illegal in the eyes of the EU.

It was thanks to this case that the "official" start of CBD sales in France was made. As a precedent-setting case, Kanavape enabled French entrepreneurs to set up shop almost without hindrance, and consumers to consume CBD without worry.

Hemp unions appeal to Constitutional Council

Mildeca (Mission Interministérielle de Lutte contre les Drogues Et les Conduites Addictives) had sent a bill to the European Commission a few months earlier calling for a ban on the sale of CBD flowers. As the European Commission did not respond to this draft law, it could have been considered to be right on the ropes for implementation! That's why the government recently put this famous decree in place. The CBD hemp industry union, chaired by Aurélien Delecroix, had referred the matter to the French Constitutional Council well before the government's decree.

December 30, 2021 order banning the sale of CBD flowers

A thunderclap arrived on December 30, 2021 and took all CBD shops in France by surprise. A decree written by the current government henceforth banned the sale of CBD flowers and CBD flower-based blended products, such as CBD teas and infusions. Clearly, those involved in the CBD world weren't really expecting this, and it was a real blow to them and to us, especially on the last day of the year! The decree did, however, make it possible to :

• Recognize the entire industry, including cultivation
• To admit an increase in the THC content of finished products to 0.3%!

However, the latter did ban the sale of CBD flowers and CBD-based infusions. For CBD shops, this represents on average 50-90% of their sales. The year 2021 thus ended very badly for CBD players, both sellers and consumers.

Three lawyers, including Maitre Xavier Pizarro, set to work on New Year's Eve to put together an ironclad case to counter this decree, which is more than liberticidal vis-à-vis Europe and indeed the whole world.

Here's a short video on the December 30 order showing a record of hypocrisy towards CBD flowers:

Thanks to France Inter for the video and to former French minister Cécile Duflot for her contribution.

Conseil d'État referred to

The day after the announcement of the decree banning the sale of CBD flowers, Marseille barrister Xavier Pizarro lodged an urgent appeal with the Conseil d'Etat. He is simply calling for the order to be annulled in its entirety, relying mainly on the decision of the French Constitutional Council. Recognizing the CBD industry as a whole, he believes it is unthinkable that professional players should be prevented from selling CBD flowers in France. We'll now have to wait a few weeks for the Conseil d'État to meet and issue a ruling. At this point, nothing is certain, and yet it was January 1, 2022. Players in the CBD world aren't sleeping too well, and some are already ready to close up store. It was even reported that one vendor had burned his entire stock of CBD flowers!

The Constitutional Council

According to the French Constitutional Council, which handed down its decision on January 7, 2022, there was nothing problematic about the constitution of this bill. The fact remains that, by adopting this bill, the entire CBD hemp industry was recognized, even if the ban on flowers remained in force. The wise men have spoken: CBD is OK, but CBD flowers are still not...

At the same time, the Constitutional Council doesn't intervene in written or proposed legislation, but rather in constitutional issues that the latter might infringe. Bad news for CBD flowers, but ultimately very good news for the industry, which is finally being recognized by a high institution.

CBD flowers at the Conseil d'État

The case was therefore referred to the Conseil d'État, and the meeting took place on January 14, 2022. Many people were present, including presidential candidate Yannick Jadot, who supports the CBD and cannabis sector (he is pro-legalization).

According to those present, including the lawyers who brought the case before the Conseil d'Etat, government representatives maintained a prohibitionist line against CBD in the same way as cannabis. A mistake on their part, as CBD had just been recognized last week by the French Constitutional Council. What's more, the Kanavape affair had already put the CBD industry into first gear in the courts, and the Conseil d'Etat could not deny this.

The meeting was over, and the board promised a reply by the middle of the following week, in order to make the right decision.

The Conseil d'Etat suspends the ruling

It took a little longer than expected to get the good news! The council has provisionally suspended the government order dated January 24, 2022. For the moment, the final decision has not yet been handed down, but the order has been suspended! Champagne! Just like in sport, we like to celebrate victories, and at this moment, this really is one!

We offer you this short video to understand a little better the situation of all CBD sellers:

We would like to thank the RMC team for this report!

Of course, the Cali Weed team is delighted to be able to continue selling CBD flowers, CBD resins, CBD oils and CBD candies. This news gives hope to the whole hemp industry, so that together we can have a legal and defined framework in this beautiful industry that is CBD hemp.

The Cali Weed team