CBD: A Substance With a Controversial Future in France
Until recently, CBD stores operated more or less peacefully in France. But ever since franchises have rushed to develop their networks across the country and new brands are popping up like weeds, raids have also become more frequent.
It's not just stores specializing in the sale of this substance that are affected. Customers and online shops are also victims of this war waged by the French government.
What could explain this turnaround when everything suggested a brighter future? We tell you all about it in this article.
From the blossoming of the sector...
For about 2 years, specifically since 2018, French authorities have been opposing the marketing and consumption of CBD flowers. While this ban does not seem to be based on legally valid texts, the government has always defended a rather formal interpretation of legislative texts.
Some regional prosecutors have even had to intervene on behalf of the State and proceed with the closure of CBD stores in France, without, however, relying on legal texts. The result: unequal repression across the national territory.
All these actions taken by the government have had serious consequences, both for entrepreneurs working in this sector and for taxpayers. In some cases, searches conducted in CBD stores ended with a prison sentence, followed by the acquittal of the accused. It is unnecessary to specify that all these ultimately useless legal procedures are quite costly for the taxpayer.
Beyond the tarnished reputation of the companies involved, these actions initiated by the French authorities have only served to fuel and justify the revolt of these unjustly apprehended entrepreneurs. Coming together within the Professional Hemp Union, these entrepreneurs are now working for the evolution of the legal framework surrounding the consumption and marketing of this substance. Their first action was to create an information mission, whose role was to dispel misconceptions about cannabis use. The objective of all these actions was the creation of a regulatory framework for CBD in France.
However, given all the changes adopted by the government and the havoc caused by the Coronavirus, the impatience that had been appeased by the Information Mission eventually resurfaced. The truce was indeed short-lived.
But the Kavanape trial before the Court of Justice of the European Union could well have marked the beginning of a new era. If all recommendations and prescriptions are followed to the letter, it is possible that the free circulation, import, and sale of foreign products derived from the hemp flower will finally be authorized.
It should be remembered, however, that the prohibition on the manufacturing of these same substances on national soil will not be lifted anytime soon. Nevertheless, the effective implementation of these concessions would allow actors in this sector to operate with peace of mind.
...to the broken dream, once again!
After selling dreams to entrepreneurs operating in the sector of marketing products derived from the processing of CBD flowers, the government has not ceased its searches. Nascent hopes were quickly dashed, giving way to total disillusionment.
Lawyer Ingrid Metton, in charge of defending CBD entrepreneurs, admits to being astonished by such actions. According to her, the freedom to undertake, to come and go within French territory should have been enough to put an end to this baseless war. Moreover, the unfavorable economic situation coupled with an even more vague regulatory context does not justify all the actions taken so far by the authorities. While the Kavanape decisions seemed to satisfy all parties, she then questions what justifies such a setback.
Ingrid Metton doesn't just denounce an injustice. She also sheds light on the new search methods being used. While Customs and the narcotics brigade are increasingly interested in CBD flowers, the Departmental Directorates for the Protection of Populations are also taking up the matter. For entrepreneurs in this sector, constraints are becoming more and more numerous, and restrictions are at all levels. Furthermore, it seems important to note that CBD does not, to date, fall within any specific regulatory framework in France. Faced with this situation, entrepreneurs do not know what recourse to use, given that they are alone in facing controls.
Despite all these government actions, a glimmer of hope still remains. In Brittany, some online store customers have had their purchases delivered by Customs services. But the associated constraints suggest that this could be a double-edged sword. In the event of non-payment of the fine upon delivery, the customer's file could be forwarded to the prosecutor, and the latter could allegedly be subject to prosecution for drug possession.
The current context is reminiscent of the national fight against cannabis. Although in this case, the attacks waged by the government concern harmless hemp flowers. This seems even more far-fetched when one considers that CBD could more easily flourish within a well-developed legal framework. Between farmers who find themselves unable to produce, entrepreneurs who face legal proceedings, and consumers who inherit products of questionable quality, not to mention fines and threats of prosecution, who truly benefits from this, to say the least, disastrous situation?
