Law - Is CBD legal in France?

In France, CBD is legally permissible. In December 2021, there was a conflicting directive from the government that approved CBD products, yet banned the sale of hemp flower. However, the French State Council, known as the Conseil d'Etat, put a hold on this directive. Therefore, all forms of CBD, including flower, are currently safeguarded under the European Union's laws governing free trade.

CBD is classified as a food supplement, not a drug, and must be derived from hemp that contains less than 0.3% THC.

Is it possible to consume cannabidiol (CBD) cannabis flower?

Yes. According to the Interministerial Mission for the Fight Against Drugs and Addictive Behaviors (Mildeca): "The consumption of CBD flower is legal. The State Council has annulled the provision that prohibited its consumption."

Moreover, "CBD has no psychoactive effect and does not cause addiction, it cannot be considered as a narcotic substance," specifies the State Council. However, while it is legal to buy CBD flower and consume it, "smoking raw flowers or leaves presents proven health risks," notes the highest administrative court in France. This was one of the arguments put forward by the government to justify the decree prohibiting the marketing of flowers.

 

Is it legal to consume "recreational" cannabis or THC cannabis or CBD containing more than 0.3% THC?

In France, the consumption of recreational cannabis is strictly prohibited. It is illegal to smoke or possess it, under penalty of a €200 fine. If the person does not pay the fine, a trial can take place before the criminal court. In this case, they risk up to one year in prison and a fine of €3,750.

 

 

 

It is possible to travel with CBD in France, but you are limited to carrying up to 30 grams of CBD oil. If you are traveling with more than 30 grams of CBD oil, you must declare it to customs.

It is also possible to import CBD into France, but you must first obtain a permit from the French Ministry of Health. The Ministry of Health will only issue a permit if you can provide evidence that the CBD you are importing is of a high quality and that it is for personal use.

Here are some additional details about the legal status of CBD in France:

  • CBD products that contain more than 0.3% THC are illegal in France.
  • CBD products that are imported into France must be accompanied by a permit from the Ministry of Health.
  • It is illegal to sell CBD products that are marketed as a cure or treatment for any disease or condition.