The CBD.FR team wishes to review the current legal data concerning the resale of cannabidiol.
The topic has become less trendy in France lately . But the summer of 2018 allowed some journalists fond of "controversial subjects" to indulge themselves. Indeed, since 2017, you can find numerous press articles online citing the closure of shops CBD throughout France .
Some are acquitted, others convicted of drug trafficking: welcome to the Wild West!
In the Wild West?! But France , right? Yes, we're talking about our country, the world champion of political correctness. France, as usual, has created an improbable mess, something only it seems capable of in this world. But what can you do? We are French, proud to be so, and (let's never forget) incredibly lucky to have been born here!
Yes, we are fortunate to live in a state governed by the rule of law, which protects every citizen's fundamental rights. We simply wanted, in all humility, to remind all those who criticize our state of this basic principle.
So why is it like the Wild West here?
Because our beloved France is capable of both the best and the worst!
The worst being the prohibition of cannabis, maintained and reinforced for decades, sweeping across all its uses: recreational, medicinal/therapeutic, and even edible.
The best being that France is the world's third-largestproducer of hemp (behind China and Canada) and the leading producer in Europe.
A paradox, you might say!
French legislation on cannabis:
France has a significant legal arsenal (art. 222-37 and art. 222-36 of the Penal Code) to combat the resale and consumption of drugs, and that's a good thing! These articles of the Penal Code notably encompass the offense related to drug trafficking.
Furthermore, in order to limit "provocations" aimed at promoting cannabis, it is necessary to refer to Article 3421-4 of the Public Health Code.However, this article has limitations regarding freedom of expression (for example, works of artistic creation are generally not subject to this provision).
French legislation on CBD:
In addition to the Penal Code to condemn all types of trafficking or consumption of illicit substances, France has its Public Health Code.
In this case and as far as we are concerned inthis article on CBD, also known as Cannabidiol, it is appropriate to refer to the decree of August 22, 1990 implementing article R. 5132-86 of the public health code for cannabis.
Article No. 1 of this decree is clear, precise, and does not appear to suggest a legal vacuum on this subject:
Article1:
Amended by Decree of February 24, 2004, art. 1, Official Journal of March 21, 2004.
For the purposes of ArticleR. 5181of the aforementioned code, the cultivation,import, export, and industrial and commercial use (fibers and seeds) of Cannabis sativa L. varieties meeting the following criteria are authorized:
- the delta-9-tetrahydrocannabinol of these varieties does not exceed 0.20%;
- the determination of the delta-9-tetrahydrocannabinol content and the taking of samples for this determination are carried out according to the Community method provided for in the Annex.
Applications for inclusion of a hemp variety in the list of Cannabis sativa L. varieties appearing in Article 2 must be accompanied by a report indicating the results of the analyses carried out in accordance with procedure B of the method described in the Annex to this decree, as well as a descriptive sheet of the variety in question.
In plain terms: this article clearly states "fibres and seeds"! Thus, our legislator had already taken care at the time to exclude flowers from the scope of this legislation.
Article 2 adds nothing more than listing the authorized varieties from Article 1. That being said, it is essential for cbd.fr to ensure with its hemp suppliers and producers that their cultivation complies with the mandatory requirements of this list of authorized Cannabis Sativa L. varieties.
In summary:
In France, and according to the aforementioned article of the Public Health Code, it appears to be illegal to resell hemp flowers. However, fibers and seeds can be sold provided that the authorized variety of the original plant does not exceed 0.2% THC.
So why does CBD.FR sell flowers?
Because the boss and his team dream of a stay in prison! Seriously
!
✔BecauseCBD.FRknows the benefits of Hemp on health and the environment.
✔BecauseCBD.FRdoes not promote cannabis but CBD hemp flowers for infusion or vaporization!
✔Because cbd.fr does not encourage the consumption of cannabis, but clearly promotes the use of CBD flower infusions , which, according to the feedback from our customers, seem to have multiple characteristics: relaxation, THC withdrawal, psychological benefits, physical benefits, relief from certain pains, etc. This is not a scientifically established list, but rather a non-exhaustive list established based on the typology of our clientele.
✔BecauseCBD.FRloves hemp and has the conviction that Nature can help us contribute to healthier attitudes while being responsible for the place where we live, the Earth.
✔ Then, because in our view, community law prevails over French legislation.
Huh?! What, Community law?
Yes, yes, Community law: it is the legislation in force within the Member States of the European Union.
Community legislation on CBD:
So what does EU law say about the resale of CBD flowers ?
Not much specific about the flowers themselves.
However, in Rome, on March 25, 1957, the treaty establishing the European Community was signed. This Treaty obviously contains several articles, and we will focus here on Chapter 2 concerning the prohibition of quantitative restrictions between Member States, taken from Title I relating to the free movement of goods.
For those passionate about legal literature: select the link to the Consolidated Version 2002, as amended by the Treaty of Nice.
So what do Articles 28, 29, and 30 of the TFEU stipulate? (TFEU = Treaty on the Functioning of the EU)
Article 28
Quantitative restrictions on imports, as well as all measures having equivalent effect, are prohibited between Member States.Article 29
Quantitative restrictions on exports, as well as all measures having equivalent effect, are prohibited between Member States.Article 30.
The provisions of Articles 28 and 29 shall not preclude prohibitions or restrictions on imports, exports, or transit justified on grounds of public morality, public order, public security, the protection of human and animal or the preservation of plants, the protection of national treasures possessing artistic, historical, or archaeological value, or the protection of industrial and commercial property. However, such prohibitions or restrictions shall not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.
Then let us highlight Article No. 32 of Title II on agriculture, taken from Part 3ofthe Treaty, relating to the policies of the community.
Article 32
1. The common market extends to agriculture and trade in agricultural products. Agricultural products are understood to mean products of the soil, livestock and fisheries, as well as primary processed products which are directly related to these products.
2. Unless otherwise provided in Articles 33 to 38 inclusive, the rules laid down for the establishment of the common market shall apply to agricultural products.
3. The products which are subject to the provisions of Articles 33 to 38 inclusive are listed in the list which is the subject of Annex I to this Treaty.
4. The functioning and development of the common market for agricultural products must be accompanied by the establishment of a common agricultural policy.
Furthermore, reference should be made to REGULATION (EU) NO1307/2013OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 December 2013 laying down rules for direct payments to farmers under support schemes within the framework of the common agricultural policy.
Then refer to REGULATION (EU) NO1308/2013OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 December 2013 on a common organisation of the markets in agricultural products.
Okay, we can sense your legal passion here 😉
Indeed, we feel like we've lost you (or rather, overwhelmed you
). But faced with countless inaccuracies on the internet regarding CBD regulations in France and Europe , you'll agree that it's essential to be precise about legal sources.
In summary:
To be clear, this Treaty, in view of the different specificities of the Member States, sought to harmonize regulations linked to the basic principle of free movement of goods.
To form your own opinion on this French regulation which is contrary to Community law: you now have all the relevant information and sources (see links) from which we have derived these legal rules.
It is therefore on the basis of these European regulations that CBD.FR allows French customers to serenely receive their CBD-based products, and in particular for the online purchaseof CBD flowers.
Community legislation versus French legislation?
Yes and no. In principle, EU law always takes precedence over the domestic legislation of Member States, except where specific provisions apply.
Regarding CBD: no specific provisions are enacted.
In order to limit the rampant legal tourism in our country (it must be admitted that certain geographical areas in France are more conducive than others to CBD sales), you have certainly seen in the press announcements of the opening or closing of shops specializing in the resale of CBD products. Some jurisdictions seem more lenient than others, particularly due to the potential non-compliance of French regulations with EU law.
Moreover, the French judges of the Court of Appeal of Aix en Provence submitted a preliminary question to the CJEU on October 28, 2018.
No doubt the legal battle isn't over… To be continued in the next episode 😉 And the next episode will arrive when the CJEU has answered the question posed… expected probably on March 31, 2020!
That being said, to be definitively clear and precise regarding French legislation in relation to European regulations, it is necessary to specify and recall that Article 55 of our Constitution (see Title IV: International Treaties and Agreements) states that:
«Treaties or agreements duly ratified or approved have, upon their publication, an authority superior to that of laws, subject, for each agreement or treaty, to its application by the other party.».
What is the current state of legislation in France regarding hemp, cannabis, and CBD?
As previously seen, French magistrates appear to be awaiting clarification from the CJEU regarding the conformity of French legislation with European regulations.
The recent therapeutic trial approved by the National Assembly:
You have likely heard in the press that the National Assembly voted on October 25, 2019, during its review of the 2020 Social Security bill, to approve a trial of the medical use of cannabis. To learn more about this trial, please visit the website of the National Agency for the Safety of Medicines and Health Products (ANSM).
The fight of Jean-Baptiste Moreau, Member of Parliament for Creuse:
A fervent advocate for hemp in all its glory, this member of parliament (whom we at cbd.fr call "unconventional") champions the use of therapeutic cannabis, CBD, and the recreational use of hemp: quite a list! 😉
The article from December 8, 2019 (halfway through his term) on france3-regions tells you more about his convictions: https://france3-regions.francetvinfo.fr/nouvelle-aquitaine/creuse/jean-baptiste-moreau-on-est-position-totalement-hypocrite-question-du-cannabis-recreatif-1759483.html
Learn more about this gentleman: Visit his website under the "About Me" section
A relaxation of criminal penalties for drug use:
Please note that this refers to narcotics, drugs, and not CBD!
France introduced new regulations in 2018, according to which people found with cannabis for personal use (i.e., in small quantities) are subject to much lower fines, up to 200 euros, which can be reduced to 150 euros for a fixed penalty and up to 450 euros for an increased fixed penalty.
As you can see from these recent developments on cannabis (or hemp!): this seems to offer a possible and favorable ground for France to open up the CBD market and thus activate a promising economic lever.
Also read: The Kanavape case judged by the CJEU: a victory for CBD producers in Europe
Editor-in-Chief specializing in CBD
Julien, born on July 17, 1978, in the Paris region, is a prominent writer and expert in the field of CBD products. Following his studies, Julien developed a passion for natural remedies, including CBD. In 2022, he joined the CBD.fr team as an expert and regular contributor. Thanks to his scientific expertise and clear writing style, Julien helps demystify the complexities of CBD, while highlighting its benefits and potential applications through his articles and conference presentations.
