Legality of CBD Flowers: A Look Back at the Historic Council of State Ruling

December 29, 2022, marked a major milestone for the cannabidiol market in France. By definitively overturning the ban on the sale of raw hemp flowers and leaves, the Council of State brought a long period of legal uncertainty to an end. This historic decision secured the future of producers and merchants while guaranteeing consumers access to rigorously controlled natural products.

A legal saga stemming from the December 2021 decree

In late December 2021, a government decree sought to prohibit the marketing of dried hemp flowers, even if their THC levels complied with the 0.3% legal threshold. The executive branch cited public order concerns—arguing that law enforcement had difficulty visually distinguishing CBD from cannabis containing narcotics—as well as public health issues related to combustion.

Referenced in summary proceedings by industry stakeholders, the Council of State urgently suspended this decree in January 2022, before definitively overturning the ban on December 29, 2022. The high administrative court ruled that no public health risk had been demonstrated for flowers with compliant THC levels, and that rapid tests allowed law enforcement to carry out targeted checks.

The legacy of the Kanavape case and European law

This judgment is in line with the European case law initiated by the Kanavape case. In November 2020, the Court of Justice of the European Union (CJEU) ruled that a member state could not prohibit the marketing of cannabidiol legally produced in another member state, as CBD is not a narcotic.

This fundamental clarification has helped structure the French wellness hemp industry. It offers a clear framework for operators committed to clean and organic farming methods. To learn more about the molecules that make up these varieties, you can understand the role of terpenes and the entourage effect within the plant.

Responsible consumption and the promotion of French hemp

While the marketing of flowers is completely legal, prevention remains essential. Combustion (smoking in a joint) remains harmful to the respiratory tract and degrades the active molecules. To enjoy the aromas and benefits of hemp safely, gentle vaporization at a controlled temperature (160°C to 180°C) or the preparation of infusions with a fatty substance are preferred.

Thanks to this stabilized legal framework, botanical enthusiasts can now turn to traceable and eco-responsible products. To discover exceptional French harvests, you can discover our organic CBD flowers without pesticides and consult our certified organic CBD resins.

Reminder: CBD is a natural, non-narcotic relaxation product. It is not a medicine, and its consumption must comply with road safety and health regulations.