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Article: Is CBD legal in France?

Le CBD est-il légal en France ?

Is CBD legal in France?

CBD , or cannabidiol, still enjoys a fairly vague status today with regard to French law.

What French law says:

French positive law on this subject is in the process of changing, since the a priori applicable regulation, namely the Order of August 22, 1990 implementing article R5132-86 of the Public Health Code for Cannabis, and such as interpreted by the circular of the Ministry of Justice No. 2018/F/0069/FD 2 of July 23, 2018 relating to the legal regime applicable to establishments offering Cannabis products for sale to the public, provides that only fibers and hemp seeds can be used commercially. As CBD is only present in small quantities in these parts of the plant, it is mainly extracted from the flowers.

A clarification thanks to Europe:

 However, many member states of the European Union authorize the production and marketing of food supplements made from Cannabidiol, and it turns out that the French ban may clash with the free movement of goods, an immutable principle of the European Union.

It is under these conditions, since the marketing of products made from CBD has increased in France over the last 3 years, that a preliminary question was asked by the AIX-EN-PROVENCE Court of Appeal to the Court of Justice of the European Union hearing an appeal from two individuals who were sentenced to suspended prison sentences of 18 and 15 months, as well as a fine of €10,000, for contravention of French legislation and in particular the decree of August 22, 1990.

These two individuals therefore appealed to the AIX-EN-PROVENCE Court of Appeal, which questioned the conformity of French regulations with European Union law.

The Court of Justice of the European Union ruled in a principled judgment dated November 19, 2020, which will apply to all jurisdictions and legislations of member states.

The European Court of Justice in its judgment recalls that the ban made by the French State on the marketing of CBD-based products may clash with the principle of the free movement of goods in the European Union, from the moment when CBD cannot be considered a narcotic (in fact, the legislation applicable to narcotics can obviously allow, for reasons of public health and public order, an attack on the free movement of goods).

The Court of Justice of the European Union in its judgment repeats the definition of the notions of “drug” or “narcotic”, and CBD is not expressly covered by any of the United Nations conventions applicable to the species, one on psychotropic substances and the other on narcotics.

An extensive interpretation of the second convention (that on narcotics) could leave CBD in the narcotic category as an extract of Cannabis.

The European Court notes, however, that this broad interpretation would be contrary to the general spirit of this convention and its aim of protecting the (physical and moral) health of humanity.

The Court thus sovereignly notes that “according to the current state of “ scientific knowledge ”, and unlike the tetra hydro Cannabiol commonly called THC , which is another cannabinoid of hemp, the CBD in question does not appear not have psychotropic or addictive effects, nor harmful effects on human health.

Under these conditions, the Court considers that the French regulations are contrary to the free movement of goods, since the free movement of CBD cannot be called into question by specific legislation of a member state to the extent that it cannot be considered a narcotic.

European regulations provide for other exceptions to the free movement of goods, when the Member State which restricted it justifies one of the reasons of general interest listed in the European Regulations, such as the objective of "protection of public health", invoked by France, but on the condition that this regulation is "suitable for guaranteeing the achievement of the said objective", and that it does not go beyond what is necessary for it to be achieved .

This latter assessment is a sovereign assessment of each Member State.

This being said, the Court of Justice of the European Union gives two indications in this regard allowing it to be considered that in this case the French regulations could not rely on the objective of protecting public health and thus constitute an exception. to the principle of the free movement of goods.

The Court thus notes firstly that the French marketing ban does not affect synthetic CBD which has exactly the same properties as natural CBD, which leads to believe that French regulations would not be able to achieve this, in a coherent and consistent manner. systematically, the objective of protecting public health.

Current situation :

 France, pushed by Europe and the various judgments rendered, will finally clarify and concretely regulate the marketing of CBD. A draft law is therefore being prepared and will once and for all ratify the legality of this molecule. Previous legal cases have now made the sale of CBD completely legal on French territory, however, great care must be taken to ensure that:

- the product you are marketing does not contain THC, or in very small quantities (below 0.5%).

-Do not create confusion in the public mind between CBD and Cannabis, the marketing of which is strictly prohibited given its classification as a narcotic.

Find serenity and positivity with CBD products from Délicure

Délicure’s CBD products

Délicure offers CBD products guaranteed THC-free and made in France with high-quality CBD, from European hemp. These come in the form of CBD gummies, CBD candies and CBD oils.

CBD Gummies: rich in CBD and vitamins, sources of energy, CBD gummies help soothe the nervous system and relax the body. The gummies are very easy to use, you just need to chew 1 to 3 lemon flavored gummies to benefit from the virtues of CBD.

CBD candies: available in honey flavor and four sugar-free flavors (mint, blackcurrant, mint and apple), CBD candies are real gourmet treats to melt in your mouth to benefit from the relaxing effects of CBD. Their practical and fun format allows you to take them anywhere with you to enjoy a relaxing break at any time of the day.

CBD oils : targeted for different objectives (stress, sleep and pain), these CBD oils are real everyday allies. Supported by organic avocado and sweet almond oil, these CBD oils stand out from other oils on the market made from refined coconut oil (MCT oil). A few drops of oil are enough to relax very quickly.

Délicure CBD products are reserved for adults; Pregnant women and people taking medication are advised to consult their doctor before consumption.


Watch our video on the 8 most asked questions about CBD:

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