French officials are preparing to "launch" a legal market for drug-free cannabinoids
The decree can now be freely adopted by the French authorities. The entry into force of the new rules will pave the way for the regulation of the drug-free cannabinoid market and its development in France, eliminating the legal uncertainty that has existed over the past several years.
Over the past two years, the editors of the specialized electronic publication of national cannabis growers have regularly raised the question of how the largest cannabis market in Europe is preparing to regulate the possibilities of using the therapeutic properties of the plant. In particular, the attention of our esteemed readers and listeners was focused on “ How France prepares to legalize the use of cannabis for medical purposes ” or “ How the French approach to amending legislation concerning various aspects of modern cannabis production”. Considering the fact that the Ukrainian Technical Hemp Association is lobbying for changes to the current regulatory framework similar to those that are being prepared for adoption by our French colleagues, it is extremely interesting to know that any restrictions in the adoption of relevant by-laws have been overcome and In the near future, a legal market will be officially launched in the country, using the therapeutic properties of the hemp plant for industrial purposes.
On July 20, France notified the European Commission of its draft decree revising the decree of August 22, 1990, which restricts the cultivation and use of hemp to fibers and seeds only. The new decree aims to bring French regulations in line with European legislation. The European Commission made several observations, which, however, did not lead to an extension of the mandatory waiting period, which is three months. The French decree can now be freely accepted by the French authorities. The entry into force of the new rules will pave the way for the regulation of the drug-free cannabinoid market (primarily CBD) and its development in France.
The new decree, prepared by the government structures of the country, aims to bring French rules in line with European law, in particular, after the decision of the Court of Justice of the European Union in November 2020 in the context of the "Kanavape case". The European Commission had three months, until October 21, to test the compatibility of the new French decree with Community law and the principles of free movement of goods and services. During this period, the Commission and other Member States had the opportunity to draw up a detailed opinion with a view to modifying the draft decree.
The European Commission commented on the draft decree, in addition, Hungary also sent comments in October. Notes are issued when interpretation issues arise, when details are needed on how the notified text will be implemented, or to inform Member States of certain future commitments. Unlike detailed conclusions, observations do not lead to an extension of the review period, which is three months.
In the absence of a detailed opinion on the draft French decree, the text can now be freely accepted by the French authorities. The entry into force of the new rules will pave the way for the regulation of the drug-free cannabinoid market and its development in France, eliminating the legal uncertainty that has existed over the past several years.
The draft decree provides for:
• extension of the permit for "cultivation, import, export, industrial
and commercial use" of permitted varieties of hemp for all parts of the
plant, not just fiber and seeds;
• Cannabis flowers and leaves can be harvested, imported, or used “for industrial production of hemp extracts”. Thus, cannabidiol as well as other non-narcotic cannabinoids (CBG, CBC, etc.) can be produced in France;
• Cannabis flowers and leaves cannot be sold raw to consumers (for
example, for recreational use) - the ban is due to health and public
order reasons;
• expansion of cannabis varieties permitted in France to the varieties
listed in the European catalog (general catalog of varieties of
agricultural plant species).
Commentary of the specialists of the Association "Ukrainian technical hemp"
Amendments to the relevant Resolution of the Cabinet of Ministers of Ukraine, lobbied by the profile association of cannabis growers of our country, are aimed at abolishing archaic norms, according to which, among other things, it is provided for "The destruction of residues after cleaning or processing of hemp stems is carried out by business entities after weighing them by daily burning in the presence of a commission." This kind of absurd archaic not only significantly hinders the development of the market for processing the fibrous part of the plant in our country, but also makes the entire market segment associated with the primary and deep processing of the fibrous part of the plant dependent on the diligence of "servants in uniform" and their interpretation by their especially cunning representatives above. of the specified norms in personal interests.
Organized within the framework of the " Hemp University " a specialized round table " Ukraine's place in the modern market for products from the fibrous part of hemp ", which will be attended by representatives of all national enterprises specializing in the primary and deep processing of the fibrous part of the hemp plant, as well as the cost is also organized in order to prepare the relevant documents based on its results. Prepared letters to the state structures responsible for making changes to the current legislation are necessary in order to remove the above archaic norms from the existing by-laws and create conditions for the development of a segment of modern cannabis growing in the country, specializing in the cultivation of the fibrous part of the plant, as well as its processing and obtaining final products , with deep added value.