The trade in CBD was legalized relatively late in France, especially compared to other European countries that are relatively close by. However, as soon as its legal status was officially confirmed, it quickly became a success. It is now possible to find all kinds of CBD products on the French market. From CBD flowers and oils to extracts, e-liquids, and even cosmetics, there is no shortage of variety.
But what about changes in the laws surrounding CBD?
Will the sale of CBD be subject to new rules in 2022?
Is this a positive development or a step backward?
In this article, we provide you with all the information you need regarding the new 2022 CBD legislation and the changes it brings.
CBD: What Is It?
Whenever the topic of cannabinoids comes up, confusion between THC and CBD is common. However, this is a major mistake—especially from a legal standpoint.
THC is classified as a narcotic, and its sale and use are prohibited. This is due to the significant psychotropic effects it causes, not to mention its high potential for addiction.
In contrast, CBD is primarily valued for its purported therapeutic health benefits. Anti-inflammatory, antidepressant, anti-stress effects, the ability to relieve chronic pain, an enhanced sense of well-being, and improved deep sleep—the list of its potential health benefits is long. The way it works is fairly simple. When we consume CBD, cannabidiol molecules circulate throughout our body and bind to what is known as our endocannabinoid system—specifically, to its CB1 and CB2 receptors. These receptors are present throughout our entire body and are believed to be responsible for how we perceive various emotions, such as well-being, happiness, and even pain. CBD therefore appears to act on these receptors to enhance our positive perceptions and, conversely, inhibit nociceptive sensations.
Important note: CBD use does not cause any side effects, and there is no risk of addiction. This contributes to its popularity in most European countries, including France.
The Foundations of the Former Legislation
Before addressing the issues surrounding the new 2022 legislation, it is worth taking a closer look at the previous one. France enacted its first CBD legislation in 1990. From that point on, the law specified a number of conditions that had to be met in order for the commercialization and cultivation of hemp to be permitted:
- a source limited to Cannabis Sativa varieties,
- a THC content of less than 0.20%,
- and a source derived exclusively from hemp seeds and fibers.
These conditions were intended to be clear; however, they applied only to the hemp plant, not to the end products. Recently, an executive order dated December 30, 2021, has disrupted the established order.
CBD 2022: What's Changing Under the New Legislation
The year 2022 undoubtedly marks a complete turnaround in the world of CBD. This is especially true for CBD professionals, whose stores and online sites have continued to grow in recent years. So what can we expect?
The Order of December 30, 2021
It all began with a decree published on December 30, 2021. It contains a new definition of the restrictions imposed on CBD producers and retailers. The cultivation, export, and use of cannabidiol derived from Cannabis sativa L. are permitted, subject to two conditions. The first is that the purpose must be solely industrial and commercial, and the second is that the THC content must not exceed 0.30%.
In addition, the sale of hemp flowers and hemp leaves has been banned.
So far, nothing to worry about. But the picture becomes clearer when we take a closer look at the details of the new law, which has been in effect since early 2022.
January 2022: The new CBD law takes effect
The decree of December 30, 2021, was just a preview. The new legislation, which took effect in January 2022, has dealt a real blow to the CBD industry. In particular, it prohibits the sale of CBD flowers for smoking or drinking, including in herbal teas and infusions.
This has certain consequences, particularly with regard to the production of these CBD flowers. Under this new legislation, only active farmers are now permitted to grow these flowers, subject to certain strict conditions.
What are the implications for the CBD industry in France?
There is no denying that these changes will have a significant impact on the CBD industry. In fact, one could even say that they are already having an impact.
The cultivation and sale of hemp flowers account for a large portion of the revenue of most CBD businesses. The lack of understanding is such that the Professional Hemp Union (SPC) has filed an appeal in an attempt to block the law’s implementation for a certain period of time.
For now, the Council of State has ruled in their favor and suspended the enforcement of the new law. Will this ill-conceived legislation be permanently repealed, or has its enforcement merely been delayed? Only time will tell.
For now, it is therefore completely legal to purchase and consume CBD in France, provided that the product contains less than 0.30% THC.
However, the suspension of the decree is temporary, and the government will soon have to make a final decision on the status of flowers and leaves.
