A group of people grow cannabis in a collective and consume it
Three terms are used to discuss the legal status of cannabis around the world.
Here is a quick explanation:
Prohibited behavior (criminal or not) is now allowed. This is generally used to describe the supply of cannabis, rather than the possession
Use remains a criminal offense but is no longer punished
The offense is reclassified from criminal to non-criminal. Use remains an offense and may be punished by the police or other agencies, such as an on-the-spot fine, rather than by court action
In conclusion :
the legalization of CBD in France has become clearer with the decision of the Council of State in December 2022. Products containing CBD such as flowers, oils, sweets, herbal teas, creams or even e-liquids can be sold on French soil, as long as they respect the THC content in force. It is important to note that only two CBD products are recognized as medicines: Sativex® and Epidyolex®.
Several countries have already legalized the use of CBD for medical and recreational purposes, and scientific research into the potential therapeutic benefits of cannabidiol is increasing. It is important to note that at the end of 2021, an experiment began in France to dispense therapeutic cannabis in pharmacies.
UPDATE 01/25/2022 : By decision of the Council of State of January 24, 2022, the execution of the provisions of the first paragraph of II of article 1 of the decree of December 30, 2021 is suspended until that the Council of State rule definitively on the merits on the legality of the contested decree.
Following a decision by the Court of Justice of the European Union, the French authorities have revised the regulations applicable to the cultivation, import and use of hemp by a decree of December 30, 2021.
The new regulatory framework maintains a high level of consumer protection and preserves the ambitious policy to combat drug trafficking implemented since 2019, while allowing the secure development of new economic activities related to culture, the industrial production of hemp extracts and the marketing of products that incorporate them.
On November 19, 2020 , the Court of Justice of the European Union (CJEU) delivered its judgment in the so-called Kanavape case, relating to the compliance with European Union law of the decree of August 22, 1990 which limits the cultivation, importation and industrial and commercial use of hemp solely from the fibers and seeds of the plant.
The French authorities took note of this judgment and immediately initiated interministerial work, involving all the ministries concerned, in order to modify the French regulations, in the light of the CJEU's considerations. The draft new decree was notified to the European Commission in July 2021. At the end of the three-month standstill period, the European Commission issued simple observations.
This possibility is used for draft texts which appear to comply with European Union legislation, but which require clarification as to their interpretation. The Commission has invited France to specify in particular the application of Community rules on foodstuffs and animal feed. France responded to these observations on December 22, 2021. The new decree was published on December 30, 2021.
CBD: notification of the draft new order
On November 19, 2020, the Court of Justice of the European Union (CJEU) delivered its judgment in case C-663/18, known as Kanavape. The Court was seized of a question for a preliminary ruling by the Court of Appeal of Aix en Provence relating to the conformity with European Union law of Article 1 of the decree of August 22, 1990 which limits the cultivation, importation and industrial and commercial use of hemp solely from the fibers and seeds of the plant and therefore prohibits the importation and marketing of e-liquid for electronic cigarettes containing cannabidiol oil (CBD) obtained from from whole hemp plants.
In this judgment, the CJEU considered that in the state of scientific knowledge and on the basis of the international conventions in force, CBD oil did not constitute a narcotic product. It inferred from this that the provisions relating to the free movement of goods were applicable to that product and that a national measure which prohibited the marketing of CBD from the whole plant constituted an obstacle to the free movement. However, the CJEU clarified that such a measure could be justified by an objective of protecting public health, provided that it is necessary and proportionate.
The French authorities have taken note of this judgment. Interministerial work, involving all the ministries concerned, was initiated in November 2020 in order to assess the modifications to be made to the decree of August 22, 1990, in the light of the considerations of the CJEU. The economic actors who expressed their interest in these new economic opportunities were interviewed in parallel.
The objective of this revision is both to allow the development of new sectors in France, to protect consumers and to maintain the capacity of the internal security forces to fight against drug trafficking.
At the end of this work, the attached draft decree was validated and notified to the European Commission on July 20, 2021 under Directive 2015/1535. The notification triggers a standstill period of three months, which is extended to six months in the event of a detailed opinion from the Commission or another Member State. The final decree will therefore be published at the end of 2021 / beginning of 2022.
The draft decree provides that the authorization for the cultivation, import, export and industrial and commercial use of hemp is extended, under certain conditions, to all parts of the hemp plant.
The hemp plant must have a THC content that is no more than 0.2%.
Full text: https://www.drogues.gouv.fr/actualites/cbd-notification-projet-de-nouvel-arrete
21/01/2020: The European Commission has proposed a vote by EU member states to align with WHO recommendations regarding the regulation of medical cannabis.
French regulations provide that all operations concerning cannabis are prohibited, in particular its production, possession and use. Therefore, any product containing cannabidiol extracted from the cannabis plant is prohibited unless it falls within the scope of the derogation mentioned below.
Thus, certain varieties of cannabis or hemp, devoid of narcotic properties, can be used for industrial and commercial purposes under three cumulative conditions:
Hemp varieties authorized for industrial and commercial purposes are regulated and listed in the Public Health Code
only seeds and fibers can be used. The use of flowers is prohibited (in France) Europe authorizes the use of flowers
the plant must have a THC content of less than 0.2%.
The presence of THC in the finished products, whatever its rate, is prohibited.
No therapeutic virtue can be claimed, in particular by manufacturers or sellers of products containing CBD.
All advertisements bearing claims of therapeutic virtues are prohibited (with the exception of medicinal products benefiting from an MA).