France's Council of State has officially lifted the ban on the sale of raw flowers and leaves of certain cannabis varieties, following a temporary suspension in January. The decision, announced on Wednesday, annuls the government's decree from December 30, 2021, which prohibited the sale of cannabis flowers and leaves with a THC (tetrahydrocannabinol) content below 0.3%.
The Council of State ruled that CBD (cannabidiol), which has no psychotropic effect and does not cause dependence, cannot be considered a narcotic substance. The institution found no evidence that the consumption of flowers and leaves from low-THC cannabis varieties poses risks to public health, rendering the general and absolute ban on their sale illegal.
Government's Ban Aimed at Consumer Protection and Anti-Drug Efforts
The government had issued the ban on December 30, 2021, citing "consumer protection" and an "ambitious policy to fight drug trafficking." The decree prohibited the sale, possession, and consumption of raw flowers or leaves in any form, whether alone or mixed with other ingredients.
However, the Council of State suspended the ban a month later, following legal challenges from CBD retailers and industry representatives.
Scientific Evidence Supports CBD's Safety and Therapeutic Properties
The Council of State relied on scientific data provided by the parties involved, which showed that CBD has relaxing and anticonvulsant properties without causing psychotropic effects or dependence, unlike THC. The institution emphasized the importance of considering the actual quantities of THC ingested based on the products consumed and the modes of consumption.
The Council of State concluded that the scientific evidence presented during the proceedings did not demonstrate that the consumption of leaves and flowers from cannabis varieties with a THC content below 0.3% creates public health risks justifying a general and absolute ban on their sale.
Rapid Tests Can Distinguish Between Legal and Illegal Cannabis
Addressing concerns about law enforcement's ability to distinguish between plants with and without narcotic properties, which could compromise the fight against drugs, the Council of State determined that the THC content could be controlled using rapid tests.
CBD Industry Welcomes Decision, Expects Sector Growth
The Professional Hemp Union (SPC), one of the plaintiffs in the case, welcomed the decision, stating that it would allow the entire sector to develop with the necessary visibility. France had around 2,000 CBD shops by the end of 2022, with an estimated turnover of 500 million euros, more than half of which came from flower sales alone.
By definitively resolving the legal ambiguity surrounding CBD, which was first introduced in France in 2014, the Council of State's decision paves the way for the launch of an economically sustainable hemp industry in the country, according to industry representatives.
The ruling aligns with previous decisions by the Court of Justice of the European Union in November 2020 and the Court of Cassation, France's highest judicial court, in June 2021, which found the ban on CBD in France illegal and stated that any CBD legally produced in the EU could be sold in France.
