The Council of State suspends the ban on the sale of CBD leaves and flowers

The government had just banned by decree the trade and consumption of hemp flower containing CBD.

But the Council of State looked into this decree on Monday and, seized by traders in the sector, the judge in chambers of the Council of State temporarily suspended the ban on marketing raw flowers. and leaves of certain varieties of cannabis, even though their THC content is less than 0.3%.

The judge noted that this threshold, below which the products are devoid of narcotic properties, is that used by the regulations to authorize the cultivation, import, export and industrial and commercial use of certain varieties of cannabis.

It was Xavier Pizarro, lawyer at the Marseille bar, who had asked the civil justice to observe this text more closely and requested in summary proceedings from the Council of State for its suspension.

This decision comes as the Constitutional Council clarified this Friday two of the criteria for defining a narcotic product, considering that CBD-based products, including the flower, do not fall within the scope of this definition, a decision which delights professionals.

Read alsoBan on the sale of CBD flowers: 5 minutes to understand

The notion of narcotic designates psychotropic substances which are characterized by a "risk of dependence" and "harmful effects on health", considered the judges in their decision, in response to a priority question of constitutionality (QPC) posed by the Association of Cannabinoid Producers.

Amazing or not?

The Constitutional Council rejected his request but took the opportunity to retain two cumulative criteria for qualifying a drug as a narcotic: "addiction" and "harmful effects on health", explains Me Scanvic, the applicant's lawyer.

The judges added that it "is up to the administrative authority, under the control of the judge", to classify certain substances in the category of narcotics "according to the evolution of the state of scientific and medical knowledge".

“We are rather satisfied with this decision”, assured for his part Aurélien Delecroix, the president of the hemp union.

European judges recalled in 2020 that unlike tetrahydrocannabinol (THC), this cannabis molecule with psychoactive effects, CBD cannot be considered a narcotic, having "no psychotropic effect or harmful effect on human health”.

"Scientific studies have shown that CBD acts in the brain on dopamine and serotonin receptors, thus making it a psychoactive product in its own right", judged on the contrary the Interministerial Mission for the Fight against Drugs and Conduct addictives (Mildeca) on December 31, referring in particular to possible effects of "sedation and drowsiness".