The government regulates the industrial and commercial use of CBD, the non-psychotropic molecule of cannabis to which relaxing virtues are attributed, and prohibits the sale to consumers of flowers or raw leaves for smoking or herbal tea, according to an order published on Friday in Official newspaper.
According to this decree, "the cultivation, import, export and industrial and commercial use of only varieties of Cannabis sativa L. are authorized."
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The hemp plant must have a THC (Tetrahydrocannabinol, the psychotropic molecule) content of not more than 0.3%, against 0.2% in the draft decree published in July 2021. These varieties must also be listed in the common catalog of varieties of agricultural plants or in the official catalog of species and varieties of plants cultivated in France.
The flowers and leaves of these varieties "can only be harvested, imported or used for the industrial production of hemp extracts", details the decree.
In addition, the sale of seedlings and the practice of cuttings are prohibited.
"Only active farmers within the meaning of the European and national regulations in force can cultivate hemp flowers and leaves", indicates the text.
A decree notified to the European Commission
“The sale to consumers of raw flowers or leaves in any form, alone or in combination with other ingredients, their possession by consumers and their consumption” are prohibited.
The purchase of hemp flowers and leaves produced on French territory must be the subject of a written contract between producer and buyer, established before the start of the production campaign.
In addition, products made from hemp "cannot be imported from countries outside the European Union or exported outside the European Union unless they are accompanied by documents attesting to their conformity".
This decree has been notified to the European Commission.
It revises a text from 1990 and follows a judgment of the Court of Justice of the European Union in November 2020.
VIDEO.
European Court of Justice: relief for French CBD sellers
European justice then rejected the ban on this "light cannabis", also called "well-being hemp" in France, emphasizing the harmlessness of this molecule, and that it cannot therefore be considered as a narcotic or a drug. medication.
She also pointed out that the free movement of goods within the European Union applied to CBD.
On June 23, the Court of Cassation ruled that CBD could be sold in France if produced in another European country, but did not decide the substantive issue of a marketing ban on behalf of the objective of protecting public health.
