France bans sale of cannabidiol-rich cannabis leaves and buds

Decree of December 30, 2021 imposing restrictions on the use of leaves and florets rich in non-narcotic cannabinoids in France effectively prohibits the sale of leaves and florets rich in therapeutically active compounds of the hemp plant to private individuals.

The ongoing research and practice of using therapeutically active elements of hemp indicates that the maximum therapeutic effect is the leaves and inflorescences of plants that are used “straight from the field”. It is they that contain the maximum amount of cannabinoid acids, which have a huge therapeutic potential. Consumers are primarily interested in acquiring at the lowest price not so much final products as raw materials, which have a huge therapeutic potential. That is why companies that commercialize the therapeutic properties of the hemp plant are lobbying for changes to the regulatory framework, according to which the consumer is not given the opportunity to use the leaves and inflorescences of the hemp plant, which has significant therapeutic potential (including the prohibition of the cultivation of technical hemp for therapeutic purposes by individuals ), but “drive” it into the “sales tunnel” of goods with high added value (pharmaceuticals, food or cosmetics, which include cannabidiol extracts, etc.). Therefore, the attention of our esteemed readers and listeners is offered material demonstrating how this kind of scenario is being implemented in the country - the leader of industrial hemp growing in the EU.

As of January 1, 2022, France has banned the sale of hemp leaves and buds rich in cannabidiol in all forms, despite the fact that the sale of this product makes up the bulk of the turnover (about 70%) of more than 1,800 specialty stores that are currently threatened with closure.

The revised rules, published by decree of December 30, 2021, allow the cultivation of the hemp plant for leaves and buds with therapeutic properties, but with restrictions. Under the new rules, the sale of raw flowers or leaves "in any form, alone or in combination with other ingredients" is prohibited. Prohibited possession and consumption, as well as the sale of plants and the practice of cuttings. At the moment, exclusively "active farmers" can grow cannabis leaves and buds in France, which can be harvested, imported or used for the industrial production of cannabis extracts containing no more than 0.3% THC.

Government officials argue that the ban is justified on grounds of health and public order, despite a 2020 European Court of Justice ruling that cannabidiol is not a controlled substance and national laws cannot prohibit its sale if it is legally produced in one of the EU member states.

Commentary of the specialists of the Association “Ukrainian Industrial Hemp”

Decree of December 30, 2021 implementing article R. 5132-86 of the Public Health Code imposing restrictions on the use of leaves and florets rich in non-narcotic cannabinoids in France effectively prohibits the sale of leaves and florets rich in therapeutically active compounds of the hemp plant to private individuals. It is better that such initiatives are lobbied primarily by an alliance of pharmaceutical companies, as well as large manufacturers of products that include drug-free cannabinoids, since the Constitutional Council clarified on January 7 that CBD-based products are not subject to the restrictions imposed by the Decree. To analyze what is happening, it must be borne in mind that France has already banned the sale of CBD, but this decision was overturned by the country's highest court of appeal in June last year. The court ruled that judges could not consider the sale of cannabidiol to be an illegal activity if the products were legally produced in a member state of the European Union.