How French experience can be useful for national cannabis growers

The state register of varieties suitable for distribution on the territory of Ukraine includes several varieties of technical hemp of a therapeutic orientation, the leaves and inflorescences of which have a huge therapeutic potential. In the country there is a legal mechanism for the cultivation of these plants, as well as their use (details are explained in the framework of the training for students of the “Hemp University”). It remains only to adopt departmental documents that would regulate the possibility of using the therapeutic properties of the plant for industrial purposes. Accordingly, in the case of regulating the possibility of using the leaves and inflorescences of technical hemp of a therapeutic orientation for industrial purposes, hemp growers and citizens of our country have huge opportunities to produce / at the lowest price to purchase food, cosmetics, various additives made using this hemp raw material. In the case of regulating the possibilities for cultivation of the above-mentioned plant varieties not only by legal entities, but also by individuals, Ukrainian patients/consumers will be able to independently grow therapeutically active raw materials, as well as use them at their own discretion.

In mid-January 2022, the editors of the specialized electronic edition of national cannabis growers focused the attention of our respected readers and listeners on the fact that “ France banned the sale of hemp leaves and inflorescences rich in cannabidiol ”. However, within just two weeks, a ministerial decree prohibiting the sale of technical hemp flowers and leaves containing a significant amount of therapeutically active substances from December 31, 2021 was suspended by the French Council of State. On January 24, in issuing its decision, the above-mentioned government agency of the country recalled that the flowers and leaves of certain varieties of technical hemp are “devoid of psychoactive properties” and therefore can be sold throughout the country.

Conseil d'État building 

Technical hemp flowers and leaves are allowed again

Several subspecies of Cannabis Sativa L., including the so-called "technical" hemp, are authorized for "cultivation, import, export, and industrial and commercial use" in France. If the THC content of a plant is less than 0.3%, its individual parts (including leaves and inflorescences) can be sold commercially. However, the rules for cultivation, sale and consumption remain unchanged. Only hemp growers are allowed to grow these strictly controlled plants, and they are only allowed to cultivate varieties listed in the official French catalogue. The sale of cannabis flowers and leaves is prohibited to persons under 18 years of age as a precautionary measure, as health authorities still admit they know little about the therapeutically active elements of the hemp plant.

CBD products are legal for sale subject to certain conditions

Resins, creams, oils, candies, cereal bars, and other cannabidiol-based products can take many forms to meet the needs of a rapidly growing market. Most of these derivatives were not affected by the 31 December 2021 selling ban against smoking. Only herbal teas are temporarily banned, as they may contain raw flowers or leaves. By decision of the State Council, all these products can be sold. The only prerequisite is that the finished product containing cannabidiol must have a tetrahydrocannabinol (THC) content of zero.

As with leaves and flowers, the sale of these products to minors is prohibited. Most stores also do not recommend selling CBD to pregnant or breastfeeding women.

Manufacturers and sellers are not allowed to claim any of their therapeutic properties, because the medical use of cannabis is under preliminary study by the National Agency for the Safety of Medicines (L'Agence nationale de sécurité du médicament et des produits de santé, ANSM).

Cannabis with too much THC remains illegal

Other leaves, flowers, resins and products derived from hemp with a THC content of more than 0.3% are considered controlled substances and their use, storage, sale or transport is strictly punished by French law. Individuals who consume these types of products face a criminal penalty of one year's imprisonment and a fixed fine of €200, and in some cases even €3,750. Producers and sellers of these types of products risk up to ten years in prison.

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

The state register of varieties suitable for distribution on the territory of Ukraine includes several varieties of technical hemp of a therapeutic orientation, the leaves and inflorescences of which have a huge therapeutic potential. In the country there is a legal mechanism for the cultivation of these plants, as well as their use (details are explained in the framework of the training for students of the “Hemp University”). It remains only to adopt departmental documents that would regulate the possibility of using the therapeutic properties of the plant for industrial purposes. Accordingly, in the case of regulating the possibility of using the leaves and inflorescences of technical hemp of a therapeutic orientation for industrial purposes, the country's cannabis growers and citizens of our country have huge opportunities to produce / purchase food, cosmetics, various additives made using this hemp raw material at the lowest price. In the case of regulating the possibilities for cultivation of the above-mentioned plant varieties not only by legal entities, but also by individuals, Ukrainian patients/consumers will be able to independently grow therapeutically active raw materials, as well as use them at their own discretion.

There remains only a little - including appealing to the example of our French colleagues, to lobby for amendments to departmental legal acts regulating the possibilities for using the leaves and inflorescences of technical hemp for therapeutic purposes.