Cannabis: French Administrative Supreme Court definitively authorizes the sale of CBD flowers

Professionals in the sector had not wasted time and immediately referred the matter to the summary judge. This action had led to the temporary suspension of the same decree in January 2022. Almost a year later, after months of uncertainty, the Council of State, which is the highest administrative court in France, definitively dismissed its main measure.

It must be said that the government's arguments were not the most solid. The justification for the decree, and thus for the ban on the sale of CBD flowers, was based mainly on the importance of "public order." They even went so far as to claim that if sales were authorized, police checks would be complicated due to the similarities in appearance and smell between CBD flowers and flowers containing THC (a psychoactive substance found in cannabis flowers).

In addition to public order, the government cited "a public health imperative." Why? Because, according to its members, CBD flowers are consumed in the form of "joints"; meaning "smoked like a rolled cigarette." With all that can be criticized about cigarettes, they are nevertheless perfectly legal and have never been banned in France.

These explanations left the Council of State unmoved. It even made a clear statement: "it is not established that the consumption of flowers and leaves of these varieties of cannabis," whose THC content is below the legal limit of 0.3%, "would pose risks to public health."

It even added that "legal and illegal flowers could easily be differentiated by law enforcement through quick and inexpensive tests to identify varieties with narcotic properties."

The beginning of a French CBD industry?

As mentioned at the beginning of the article, this decision is a major turning point. It even feels like a triumph as it was so eagerly awaited by professionals in the sector. Nearly 2,000 specialized shops, already established and accustomed to serving regular customers, were hanging on this announcement. All these businesses were threatened with prohibition from carrying out their activities. And a large number of satisfied and loyal customers would have had to find a new source of supply... most likely abroad.

Charles Morel is the president of the Union of CBD Professionals. Invited to react to this matter, he does not hide his pleasure: "With this decision, an entire industry is saved. We did not understand why it was targeted by a totally incoherent, reality-detached prohibitionist policy that sought to attack a non-narcotic product. This is the consecration of the rule of law."

With this decision by the Council of State, a legal ambiguity that dates back to 2014 is dispelled. At that time, legal action had been taken against Kanavape, a company marketing a CBD vape pen, introduced at the time as "the first 100% legal hemp electronic cigarette."

The Court of Justice of the European Union (CJEU), and then the Court of Cassation, had also sided with Kanavape, affirming that cannabidiol could not be classified as a narcotic, precisely because of its lack of psychotropic effect and harmful effect on human health. However, this had not deterred the government from its desire to prohibit its marketing in the form of dried flowers.