The Constitutional Council rules on the first Priority Question of Constitutionality concerning CBD.
The Constitutional Council ruled on a Priority Constitutionality Question concerning CBD. The issue at hand was the classification of CBD as a narcotic as defined by law, and the fact that this impedes the freedom of enterprise.
The Constitutional Council rejected the request but did not rule on the issue of classifying CBD as a narcotic, leaving it to the Council of State to decide on the matter. For now, this decision does not change the current situation.
But all is not lost; many cases are headed to court and could lead to the suspension of the ban on CBD flowers.
What does the Constitutional Council's decision say?
Last Friday, the Constitutional Council issued its ruling on a Priority Constitutionality Question submitted to it on October 13, concerning the classification of CBD as a narcotic. It thus rejected the argument that Articles L 5132-1, -7, and -8 of the Public Health Code are unconstitutional.
Contrary to what has been reported in the media, this decision does not alter the decree issued at the end of the year or the ban on the sale of hemp flowers.
The Constitutional Council therefore reviewed the preliminary constitutionality question (QPC) brought before it and determined that the articles under review did not in any way impede the freedom to conduct business. Furthermore, the Constitutional Council also explained that it was not within its purview to determine whether CBD should be classified as a “poisonous substance” or a “narcotic.” It is therefore up to the Council of State to rule on this matter.
However, in its ruling, the Constitutional Council confirmed that a narcotic is characterized by a risk of dependence and harmful effects on health. These two criteria therefore exclude CBD from the category of narcotics (as the European Union and the WHO have already acknowledged). It is now up to CBD professionals to prove this before the judges of the Council of State.
This decision therefore does little to advance the legalization of CBD flowers and has no impact on the order issued on December 31 of last year. However, it opens the door to a debate regarding the classification of CBD as a narcotic and, consequently, to the possibility of its legalization without exception.
Far from being detrimental to our cause, approval of our request would nevertheless have been a small boost for our future efforts.
CBD Regulations: What Happens Next?
Far from being the end goal, this decision is only the beginning of the entire CBD industry’s fight to finally see CBD legalized in all its forms.
This Friday, January 14, the Council of State is set to issue its ruling on the application for interim relief filed in response to the decree issued on December 31 of last year. If the decision is in our favor, the decree would be suspended while it is reviewed in greater detail by the appropriate authorities.
We are also awaiting a response regarding another QPC on which the Constitutional Council is expected to rule by the end of the month.
While we await these verdicts, we hope that the government will not issue a directive to the prefect that would encourage law enforcement to take action against our stores—such as searches, seizures, and police custody…
In addition, on January 13, the National Assembly will hold a debate on the legalization of cannabis. A bill has in fact been introduced by members of La France Insoumise to authorize the use and sale of cannabis. There is no doubt that this bill will be rejected, as the current government is clearly opposed to any change.
However, far from being lost, the battle to legalize CBD flowers and leaveshas only just begun.
