The good news is confirmed for CBD sellers.
Temporarily suspended last January, the ban on the sale in the raw state of the flowers and leaves of certain varieties of cannabis is now officially lifted, according to a decision of the Council of State on Wednesday, which "cancels the decree of December 30 2021 prohibiting the sale of cannabis flowers and leaves with a THC (tetrahydrocannabinol) level of less than 0.3%”.
The institution “notes that CBD (cannabidiol), which has no psychotropic effect and does not cause addiction, cannot be considered a narcotic product”.
The Council of State “retains that it has not been established that the consumption of the flowers and leaves of these varieties of cannabis with a low level of THC would involve risks for public health.
It therefore considers illegal the general and absolute prohibition of their marketing”.
“Not addictive, unlike THC”
According to "scientific data put forward by the parties", "CBD has decontracting and relaxant properties and anticonvulsant effects, but does not have a psychotropic effect and does not cause addiction, unlike THC", adds the Council of State.
The institution also insists on the "quantities of THC actually ingested according to the products consumed and the modes of consumption".
“The harmfulness of other molecules present in cannabis flowers and leaves, in particular CBD, has not been established,” he adds.
And concludes: "scientific elements produced within the framework of the instruction that the consumption of the leaves and flowers of cannabis varieties with a THC level of less than 0.3% does not create risks for public health justifying a measure of 'general and absolute ban on their marketing'
Referred to by traders in the sector, the judge in chambers of the Council of State suspended last January on a provisional basis the ban on the marketing in the raw state of the flowers and leaves of certain varieties of cannabis, even though their content in THC is less than 0.3%.
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"The judge notes that this threshold, below which the products are devoid of narcotic properties, is the one retained by the regulations to authorize the cultivation, import, export and industrial and commercial use of certain varieties of cannabis" , indicated the Council of State in its press release.
A decree published in the Official Journal on December 30, 2021 prohibited “the sale to consumers of raw flowers or leaves in all their forms, alone or mixed with other ingredients, their possession by consumers and their consumption.
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With this decision it was no longer possible to buy or legally consume cannabis that had not been transformed, before the decision, a month later, of the Council of State.
