This Monday, January 24, 2022 will remain as a pivotal date in the (senseless) fight between CBD professionals and the French government. Indeed, the Council of State has invalidated the decision of December 30, 2021 which prohibited the sale of CBD flowers in all its forms.
This is a decision that was awaited by an entire profession.
In a press release published this Monday, the judge of the Council of State "temporarily suspends the ban on marketing raw flowers and leaves of certain varieties of cannabis, even though their THC content is less than 0.3 %".
The judge notes that this threshold, below which the products are devoid of narcotic properties, "is the one used by the regulations to authorize the cultivation, import, export and industrial and commercial use of certain varieties of cannabis". The interim relief judge considers "That there is a serious doubt as to the legality of this general and absolute prohibition measure because of its disproportionate nature."
One of the government's arguments is that it is impossible for law enforcement officers to visually distinguish between CBD and real cannabis during a control. However, there are tests available to differentiate between recreational cannabis, considered a narcotic product in France, and CBD cannabiswhich is not considered as such.
And it is on this last point that the judge took his decision. He explains that the argument of the government is unfounded, and that therefore, this ban on the sale of flowers cannot be accepted.
Of course, this decision is only temporary and comes on top of the many appeals from the government to try to stop the sale of this product which has no psychotropic effects, and which is not considered a drug. But it already looks like a small victory for all CBD lovers, who will continue to fight to authorize any form of CBD in France.