CBD oil, legal in France since the “Kanavape” affair
“In the state of scientific knowledge and on the basis of international conventions in force, CBD oil does not constitute a narcotic product”. These are the conclusions of the judge of the Court of Justice of the European Union, rendered in 2020 as part of the so-called “Kanavape” case.
Since November of the same year, CBD and products containing CBD can be freely produced, marketed and consumed in all EU member countries, provided they do not not exceed a certain concentration of THC, the molecule responsible for the psychotropic or intoxicating effect of cannabis.
Each country keeps control of the maximum concentration of THC authorized on its territory. In France, this rate was increased to 0.3%. Clearly, CBD products, whose THC level is less than 0.3%, can be freely marketed and consumed in France, as long as they respect the hygiene conditions in force.
Are CBD flowers and leaves legal in France in 2024?
Affirmative. The legal status of CBD leaves and flowers aligns with that of cannabidiol oil and all CBD products, with the same limit in terms of THC. But that wasn't always the case.
Indeed, a ministerial decree published on December 30, 2021 had pronounced the ban on the sale of CBD leaves and flowers, before the Council of State definitively suspended this ban deemed contrary to the law and the principle of free movement of goods in the EU.
This decision came in a context where the World Health Organization (WHO) has largely reviewed its position on THC-free CBD products, where the THC level does not exceed trace levels. “The WHO Expert Committee on Drug Dependence concluded that, in its pure form, cannabidiol (CBD) does not appear to have abuse potential or be harmful to health,” can we read in particular on a press release from the 'WHO.
Vigilance: certain cannabinoids are prohibited by law
Consumers must be vigilant, because only non-psychotropic cannabinoids are authorized in France. This is therefore CBD, but also CBN, CBC and CBG, all present naturally in the cannabis plant, in particular the Cannabis L. Sativa and Cannabis Indica varieties.
THC is obviously prohibited (unless the molecule is present in trace amounts in a hemp product). Since summer 2023, HHC, a synthetic cannabinoid derived from THC, has been officially banned by the Ministry of Health.
“We have decided to include hexahydrocannabinol [HHC] and two of its derivatives, HHC-acetate [HHCO] and hexahydroxycannabiphorol [HHCP] on the list of narcotics. Thus, their production, sale and use in particular are prohibited in France from June 13, 2023”, specified the ANSM in a press release published the day before the ban.
