Overview of the Court Decision
In a significant ruling, France’s Council of State has definitively lifted the ban on the sale of hemp flower and leaf loaded with cannabidiol (CBD), the non-psychotropic molecule of cannabis, overruling a government decision to ban it at the end of 2021.
The ban was initially imposed by the French government, which authorized the sale of products containing CBD with a psychotropic THC content less than or equal to 0.3 percent but simultaneously banned the sale of hemp flowers and leaves. However, the Council of State deemed the general and absolute ban on the marketing of the substance in its raw state as ‘disproportionate’ and has now overturned it.
Ruling Justification
The highest court in France ruled that the sale of CBD in leaf and flower form does not pose a risk to public health that could justify its ban. It maintained that the harmfulness of other molecules present in cannabis flowers and leaves, particularly CBD, has not been established. Additionally, the court argued that CBD has relaxing properties and anticonvulsant effects, is non-psychotropic, and does not cause dependence.
The Council of State also addressed concerns about law enforcement’s ability to distinguish between plants with and without ‘narcotic properties,’ stating that the THC level could be controlled by means of rapid tests.
Impact on the Industry
The ruling is expected to pave the way for a sustainable hemp industry in France, as it now allows the sale of CBD flowers and leaves. Industry representatives believe that this decision will enable the launch of an economically viable hemp industry in the country, potentially leading to significant economic growth.
France’s CBD industry, estimated to have an annual turnover of around €500 million, is set to benefit from this ruling, with more than half of the sector’s revenue coming from the sale of hemp flowers alone.
