The Council advises the government on legislation and acts as a supreme court for administrative justice. They ruled that an absolute ban on the marketing of the substance was ‘disproportionate’ and added that the sale of CBD in leaf and flower form does not pose a risk to public health.
Back in December 2021, the French government approved the sale of CBD products containing less than 0.3% THC, but the regulation simultaneously prohibited the sale of hemp flowers and leaves for smoking or drinking as tea. The ban was made on health grounds, due to the publication of two small studies suggesting the dangers of CBD were unknown.
In contrast, it was in direct opposition to a 2020 ruling by the Court of Justice of the European Union (CJEU), which found that CBD is not a narcotic and that EU Member States may not ban the marketing of CBD when extracted from the whole plant.
The controversial decision received widespread opposition from those in the industry, with fears it would lead to the loss of tens of thousands of jobs.
At the time of the ban, the Syndicat du Chanvre, which brings together players in the French wellness hemp, medical cannabis and textile hemp sectors, said that CBD hemp flowers make up 50% of the entire CBD market.
A petition was launched against the decree and gathered over 40,000 signatures.
Photo by RODNAE Productions
