That’s it—with just a few days left in 2022, the Council of State has finally ruled on the December 30, 2021, decree, which, among other things, banned the sale of CBD flowers and leaves.
As a result, the Council of State has just ruled in our favor, allowing an entire industry to breathe a sigh of relief and end the year on a high note.
The Council of State Rules in Favor of CBD Market Participants
Almost exactly one year ago to the day, the government issued a decree banning, among other things, CBD flowers and leaves. This was a real blow to our entire industry, given that in most stores, sales of products unfairly banned by the decree accounted for up to 70 percent of revenue.
Without further delay,the UPCBD filed an application for a preliminary injunction to urgently suspend this decree, which came out of nowhere.
On January 24, 2022—almost one month later—the Council of State ruled in favor of the CBDindustry, thereby suspending the order.
It then took nearly a year for the decree to be reviewed. That has now been done, and today the Council of State issued its ruling:
Paragraph II of Article 1 of the order dated December 30, 2021, is hereby annulled.
CBD flowers are therefore officially legal in France!
Legal CBD Flowers: Everything You Need to Know
The Council of State therefore reviewed the petitions submitted by various stakeholders in the CBD sector and concluded, in particular, that there was absolutely no evidence that CBD flowers posed any risk to public health. The judges noted “that CBD (cannabidiol), which has no psychotropic effects and is not addictive, cannot be considered a narcotic.” Furthermore, “it has not been established that the consumption of the flowers and leaves of these low-THC cannabis strains poses any risks to public health.”
The judges of the Council of State therefore sided with the public rapporteur and ruled that the ban on flowers was illegal and disproportionate.
CBD flowers are therefore officially legal in France, provided they contain less than 0.3% THC.
This is therefore a relief for CBD retailers, who can now resume their business without any legal uncertainty.
You can find all of our articles on the executive order and the ban on CBD flowers here:
The French government is overstepping its authority and banning the sale of CBD flowers
The Council of State Rules in Favor of the CBD
The Fate of CBD Flowers Lies in the Hands of the Council of State
