Is CBD legal in France?

CBD , or cannabidiol, still enjoys a rather vague status under French law today.

What French law says:

French positive law on this subject is undergoing a major transformation, 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 as interpreted by the circular of the Ministry of Justice No. 2018/F/0069/FD 2 of July 23, 2018 concerning the legal regime applicable to establishments offering Cannabis products for sale to the public, provides that only hemp fibers and seeds may be used commercially. Since CBD is only present in small quantities in these parts of the plant, it is essentially extracted from the flowers.

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 appears that the French ban may conflict with the free movement of goods, an immutable principle of the European Union.

It is under these conditions, since the marketing of products manufactured based on CBD has been increasing 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 had been sentenced to suspended prison sentences of 18 and 15 months, as well as a fine of €10,000, for breaching French legislation and in particular the decree of 22 August 1990.

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

The Court of Justice of the European Union issued a landmark judgment dated 19 November 2020, which will be binding on all jurisdictions and legislation of the Member States.

The European Court of Justice in its judgment recalls that the ban imposed by the French State on the marketing of CBD-based products may conflict with the principle of the free movement of goods in the European Union, since CBD cannot be considered a narcotic (indeed, the legislation applicable to narcotics may obviously allow, for reasons of public health and public order, an infringement of the free movement of goods).

In its judgment, the Court of Justice of the European Union reiterates the definition of the concepts of "drug" or "narcotic", and CBD is not expressly covered by any of the United Nations conventions applicable to the case, one on psychotropic substances and the other on narcotic drugs.

An expansive interpretation of the second convention (the one on narcotics) could leave CBD in the category of narcotic 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 health (physical and moral) of humanity.

The Court thus notes in a sovereign manner that "according to the current state of " scientific knowledge ", and unlike tetrahydrocannabiol commonly known as THC , which is another cannabinoid from hemp, the CBD in question does not appear to 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 insofar as it cannot be considered a narcotic.

European regulations provide for other exceptions to the free movement of goods, when the Member State which has restricted it justifies one of the reasons of general interest listed in the European Regulation, such as the objective of "protection of public health", invoked by France, but on the condition that this regulation is "suitable for ensuring the achievement of 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.

That 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 claim 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 the conclusion that French regulations would not be suitable for achieving, in a coherent and systematic manner, the objective of protecting public health.

Current situation:

 France, driven by Europe and the various court rulings, will finally clarify and concretely regulate the marketing of CBD. A draft law is currently being prepared and will once and for all confirm the legality of this molecule. Previous court cases have now made the sale of CBD completely legal in France, but great care must be taken to ensure that:

- the product you sell does not contain THC, or only 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.

Délicure CBD products

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

CBD Gummies: Rich in CBD, a relaxing product, CBD gummies help soothe the nervous system and relax the body. The gummies are very easy to use; simply chew 1 to 2 CBD gummies to benefit from the benefits of CBD.

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

CBD Oils : Targeted for various goals (stress, sleep, and pain), these CBD oils are true allies in everyday life. Based on 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 for adults only; pregnant women and people taking medication are advised to consult their doctor before use.