CBD, or cannabidiol, is a substance extracted from cannabis that is generating increasing interest due to its therapeutic and wellness properties. However, its legality in France is the subject of much debate. In this article, we will address the legality of CBD in France and the requirements for its sale. Legal Status of CBD in FranceIn France, the legal status of CBD is governed by several laws and regulations.
It is not classified as a narcotic, unlike THC (tetrahydrocannabinol), the psychoactive molecule present in cannabis. CBD is therefore legal in France, under certain conditions.
French Regulations Regarding Hemp The production, processing, and sale of hemp are regulated by French law. According to Article R5132-86 of the French Public Health Code, only hemp varieties listed in the Common European Catalogue of Varieties of Agricultural Plants and containing less than 0.2% THC may be cultivated in France. Furthermore, only the seeds and fibers of these plants may be used for industrial and commercial purposes. European Regulations on CBDAt the European level, the legality of CBD is also governed by several texts. The Court of Justice of the European Union (CJEU) issued an important ruling in November 2020 concerning the free movement of CBD-containing products within the Union. According to this ruling, CBD-containing products cannot be considered narcotics and are therefore subject to the rules of free movement between Member States.
This CJEU decision invalidated certain French provisions prohibiting the marketing of products containing CBD extracted from the entire hemp plant, including its flowers.
Requirements for Marketing CBD Products in France To be legally marketed in France, CBD products must meet certain requirements. THC Content Less Than 0.2%
The THC content of CBD products must be
less than 0.2% , in accordance with French law. This applies to both the raw materials used to manufacture these products and the finished products themselves. Product Traceability and Quality
Manufacturers and distributors of CBD products must guarantee the traceability and quality of their products. This includes providing analyses certifying the CBD and THC content of the products, as well as complying with French and European standards for labeling, packaging, and manufacturing.
Compliance with Specific Regulations for Certain Products
Some CBD products are subject to specific regulations. For example:
CBD-based food supplements
must obtain marketing authorization from the French Agency for Food, Environmental and Occupational Health & Safety (ANSES). Medicines containing CBDmust be authorized by the French National Agency for Medicines and Health Products Safety (ANSM) and can only be dispensed with a prescription.
CBD-based cosmetics
must comply with European regulations on cosmetics, particularly regarding prior notification of their marketing.
The future of CBD legislation in France
French legislation regarding CBD is evolving rapidly, and new provisions may be adopted in the near future to further clarify and regulate its sale. Industry stakeholders must therefore remain vigilant and stay informed of legislative and regulatory developments to comply with current requirements.
- In summary, CBD is legal in France under certain conditions, and its sale is subject to several requirements. Manufacturers and distributors of CBD products must ensure compliance with these requirements to operate legally in France.
