Cannabinoid “ban on demand” or how the state serves the interests of Big Pharma
Behind the restrictive measures are the interests of large pharmaceutical corporations such as Jazz Pharmaceuticals, which seek to monopolize the market. In response, cannabinoid associations in France are uniting to protect the industry, which provides jobs and forms a significant segment of the country's economy.
The latest moves by the French government to
undermine the country’s thriving cannabinoid industry are causing widespread
resistance from both industry companies and industry associations. For example,
a statement released by the French Agency for Health, Food, Environment and
Labour (ANSES) concluded that cannabidiol (CBD) poses a risk to human
reproduction. Specifically, it states that studies have shown that CBD can have
a teratogenic effect, and therefore the government agency has notified the
industry of the possible cessation of the use of this non-narcotic cannabinoid
in food and cosmetics
.
In connection with the above, three specialized cannabinoid public structures (the French Association of Cannabinoid Producers (AFPC), the Professional Union of Cannabis Producers (SPC) and the Union of Industrialists for Vaporization of Cannabis Extracts (UIVEC) - officially declared that they will fight any attempts to limit the work of the thriving industry. According to their representatives, this kind of discrediting policy on the part of the French state structures is another in a series of attempts by official authorities to interfere in the thriving cannabinoid industry.
Story
France has found itself at the center of a
conflict over the use of non-narcotic cannabinoids in the long-running
“KanaVape” case, which was referred to the European Court of Justice in 2020.
The court ruled that cannabidiol is not a drug and can be sold throughout the
EU. The French government then formally accepted the court’s ruling, but in
2022 it issued a ruling banning the sale of CBD flowers for smoking or use as
tea. The French Council of State overturned the ban in early 2023.
According to a number of industry analysts,
the main beneficiary of this type of ban by the French government is one of the
main players in the European medical cannabis industry – the company “GW
Pharmaceuticals” (currently “Jazz Pharmaceuticals”), which initiated
discriminatory measures on the part of ANSES.
Modernity
Cannabidiol had attracted the attention of
public authorities a few years earlier due to its growing popularity in France
and, at the request of the government, ANSES was asked to include this
non-narcotic cannabinoid in its scope of competence. In the course of its
studies on the effects of cannabidiol, the aforementioned public authority
based its conclusions on the medical experience of using cannabis in the drug
“Epidyolex” produced by “Jazz Pharmaceuticals”. Accordingly, the conclusions of
the public authority were based on the experience of using CBD in daily doses
of up to 2000 mg, which significantly exceeds the amount of cannabidiol
recommended in the retail sector, which can be consumed using cannabinoid food
products and especially cosmetics. Moreover, at the end of last month, ANSES
unexpectedly announced that they classify cannabidiol as a “suspected toxin
affecting human reproductive function”. This type of approval places it in a
category of products subject to strict risk management measures, labelling
requirements and possible potential ban.
During its investigation, ANSES found that
cannabidiol was not registered with the European Chemicals Agency (ECHA) and
asked the EU body for advice on the safety of cannabidiol in a determination
that could also have implications for the 27 member states of the European
Union.
In turn, ECHA opened the call for submissions
to analyse the ANSES arguments in March 2025, and it will close on 17 May,
after which ECHA will “issue an opinion on the harmonised classification of
CBD” by 20 August 2026.
According to representatives of specialized
cannabinoid associations, as well as employees of companies specializing in the
production of cannabinoid products, cannabidiol has been widely used in France
for the past 10 years, and no side effects have been observed in consumers. The
levels of commonly consumed CBD are much lower than those used for analysis by
ANSES. These are huge volumes, and it is simply wrong to consider them
representative of the retail market.
Commentary from experts of the Association
“Ukrainian Industrial Hemp”
France has one of the largest cannabinoid
markets in Europe, employing around 20,000 people and worth around €700
million.
The French cannabinoid industry, despite the
recognition of CBD as a legal substance at the level of the European Court,
constantly faces serious threats from state bodies, in particular ANSES, which
has declared the potential toxicity of cannabidiol. Such actions are considered
by professional associations as unfounded and discriminatory, especially given
that ANSES's studies are based on inflated dosages that do not correspond to
real consumption in the retail sector. Industry representatives believe that the
restrictive measures are driven by the interests of large pharmaceutical
corporations, such as Jazz Pharmaceuticals, seeking to monopolize the market.
In response, cannabinoid associations in France are uniting to defend the
industry, which provides jobs and forms a significant segment of the country's
economy .
It is important to bear in mind that the outcome of the upcoming assessment of CBD by the European Chemicals Agency may have an impact on the regulation of a significant number of cannabidiol-related activities across the EU.
