On December 31 of last year, the government issued a decree banning the sale of CBD flowers and leaves. CBD industry professionals then filed a petition with the Council of State to suspend the decree.
Last night, France’s highest administrative court handed down its ruling:the Council of State sided with industry professionals and temporarily suspended the ban on CBD flowers and leaves.
This is good news that paves the way for new discussions about CBD and its full legalization.
Ban on the Sale of CBD Flowers Suspended
Following the government’s push to enact the decree banning the sale and consumption of CBD flowers and leaves,CBD professionals have rallied.
The UPCBDvery quickly filed an application for interim relief with the Council of State to challenge the abusive nature of this ban, which clearly hinders the freedom of enterprise for an entire booming sector… We were hoping for an emergency suspension of the order.
Last night, the judge presiding over interim relief proceedings at the Council of State ruled in our favor and thus temporarily suspended the ban on CBD flowers.
The Council of State cites several points to explain its decision.
First of all, it has not been proven that flowers with a THC content below 0.3%—the threshold set in the very same decree that is being challenged—are harmful.
Furthermore, if the government believes that products containing less than 0.3% THC have no narcotic properties, why would it be any different for CBD flowers and leaves? As one of the attorneys pointed out in a vivid analogy: banningCBD flowers but not CBD-derived products is like allowing apple juice (while arguing that the apple itself must be banned) and claiming that the apple is a narcotic.
Finally, the Council of State emphasizes that it has not been demonstrated that it is impossible to monitor the THC content of the flowers. The UPCBD’s attorneys had in fact shown that more accurate tests are indeed available in other EU countries.
Consequently, "the judge presiding over interim relief proceedings at the Council of State finds that there is serious doubt as to the legality of this general and absolute ban due to its disproportionate nature."
As a result of this interim injunction, the sale of CBD flowers and leaves may therefore resume pending the Council of State’s review of the merits of the decree and its final ruling on whether or not it is valid, or its definitive dismissal.
CBD: What's the Legal Situation?
Following the Council of State's ruling in our favor, the sale of flowers and leaves can now resume.
The Council of State will once again have to review the decree, examining its merits to determine whether or not it impedes the freedom to conduct business. It is important to remember that the ban on flowers is undermining an entire thriving and promising sector. This affects thousands of jobs and many honest businesses that pay their taxes.
This suspension is therefore a first victory, one that allows an entire market to get back on its feet and enables our customers to regain their right to enjoy all the benefits that CBD has to offer.
CBD market players can therefore catch their breath for now before preparing to return to the fray to defend hemp flowers and their legalization.
