The Constitutional Council clarified on Friday, January 7 two of the criteria for defining a narcotic product, considering that CBD-based products, including flowers, do not fall within the scope of this definition, a decision which pleases professionals.
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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. The Constitutional Council rejected his request but took the opportunity to retain two cumulative criteria making it possible to qualify a product as a narcotic: “
addiction
” and “
harmful effects to health
”, explains Me Scanvic, the applicant's lawyer.
These two criteria "
essential (...) fill a vacuum left by the law
", analysis for AFP Yann Bisiou, lecturer at the University of Montpellier and founder of the association L630 which defends a reform of public policies drugs in France.
The judges added that it "
belongs 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
".
Producers, distributors and consumers in disarray
From now on, "
we will argue that these criteria are not met concerning the CBD
", assures Yann Bisiou, specifying that the Court of Justice of the European Union (CJEU) or the World Health Organization (WHO) converge towards an absence of risks "of the molecule. "
We are rather satisfied with this decision
", assures for his part Aurélien Delecroix, president of the hemp union.
The decision comes as the government has just issued an order banning the trade and consumption of hemp flower containing CBD, plunging producers, distributors and consumers into disarray.
Xavier Pizarro, lawyer at the Marseille bar, has requested an interim order from the Council of State for the suspension of this text and fully intends to rely on the decision of the Constitutional Council.
"
By pointing to criteria that do not exist in positive law, the Constitutional Council has adopted the criticism that we have formulated
", underlines the lawyer.
Read alsoThe meteoric rise of CBD shops
The European judges recalled in 2020 that unlike tetrahydrocannabinol (THC), this cannabis molecule with psychoactive effects, CBD cannot be considered as 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 full-fledged psychoactive product
"
,
ruled on the contrary the Interministerial Mission for the fight against drugs and conduct addictive (Mildeca) on December 31, citing in particular possible effects
of "sedation and drowsiness
".