France Legalizes CBD Cannabis Derived Products with THC below 0.3%

According to French media outlet RFI, on December 30th, 2021, the French government legalized the sale of cannabis-derived products containing CBD, with a THC content of no more than 0.3%, one year after lifting the ban on CBD. However, cannabis enthusiasts and those who favor Delta-8 (D8) may be disappointed to learn that the government still prohibits the sale of cannabis flowers, citing their supposed psychoactive effects.

However, a high court in France overturned the ban, ruling that CBD has not been proven harmful and that there are other legal uses for the plant besides smoking.

On December 29th, the French State Council (an institution that provides legislative proposals to the government and serves as the highest court) ruled that a comprehensive and absolute ban on the sale of raw forms of CBD was "disproportionate." They also found no conclusive evidence of harm from CBD. If any evidence exists, it is to the contrary.

The harmful effects of other molecules present in cannabis flowers and leaves, particularly CBD, have not yet been determined," the committee said. The committee added that there is evidence to suggest that CBD has "relaxing properties and anti-seizure effects, but no psychoactive effects, nor does it cause dependency.

In other words, the court ruled that marijuana should not automatically be classified as a psychoactive drug, as this is far from the truth. Additionally, it can be used not only for smoking, but also for making tea or infused oil. Other factors to consider are homemade tinctures or vaporizing the flowers.

Concerns about distinguishing between different types of cannabis.

Despite the recent court ruling allowing for cannabis cultivation, concerns have been raised about the government's plans to distinguish between cannabis and its highly potent derivative, tetrahydrocannabinol (THC), which is nearly indistinguishable to the naked eye. The State Council maintains that THC levels "can be controlled through rapid testing.

In November 2020, the European Court ruled that a ban on CBD that is legal in other European countries is illegal in France, based on the principle of free movement of goods.

The highest court of justice in France ruled in June of last year that any CBD produced legally in the European Union can be sold legally in France.

According to the French Professional Cannabis Association (SPC), as reported by RFI, there are now approximately 2,000 CBD shops operating in France. The industry's annual turnover is estimated to be around €500 million, or $534.1 million USD. More than half of these sales come solely from flowers.

Experts in the country have stated that the latest court ruling provides a green light for the economically sustainable cannabis industry that can withstand the test of time.

According to a report by Hemp Today, the French Senate committee has stated that legalizing cannabis in France could generate an annual revenue of 1.5 euros (160 billion USD) to 2.5 billion euros (260 billion USD) and create between 18,000-20,000 job opportunities.

The French extractive trade group, UIVEC, estimates that the grey market for CBD in France will be worth around 200 million euros ($214 million) by 2021, and is expected to reach about 300 million euros ($321 million) this year. UIVEC also estimates that by 2022, approximately 300-500 hectares of cannabis will be grown for hemp flower CBD production.

As legislation moves forward, these regulations are expected to be implemented in early 2023. The government is expected to announce that marijuana is in compliance with the European Union's common agriculture policy, develop an industry strategy, and create specific regulations.