THE LIFTING OF THE CBD FLOWER BAN IN FRANCE
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Table of Contents
The Lifting of the CBD Flower Ban in France
Table of Contents
Summary
Introduction
Why France Banned the Sale of CBD Flowers
How The French CBD Industry Responded
The Temporary Overturned Ban on CBD Flowers
What Does The Future Hold For CBD in France?
Final Thoughts
Frequently Asked Questions (FAQs)
References
Summary
France has some of the strictest regulations on CBD in Europe. They have continued to legislate based on hypothetical assumptions about the non-psychoactive compound’s risk to public health. The Kanavape ruling has sprung their potentially overzealous laws into the spotlight. The Court of Justice of the European Union is now asking them to remove the CBD flower prohibition until they have scientific data that supports the reason for blocking the free trade of legally produced CBD products.
The arguments for completely lifting the ban on CBD flowers in France are plentiful. It could potentially reduce the risk to public health as CBD products will be tested for quality and safety. In addition, the economic benefits the CBD industry brings are substantial, with hemp flowers representing 50% of the CBD market – equating to nearly €1 billion.
Introduction
France has some of the most hash cannabis laws in the whole of Europe. The plant used to make the non-psychoactive compound CBD has been banned federally in France since 1970. The authorities do not allow cannabis for medicinal use, and most prevalently, there is no distinction in the law between trafficking and personal use.
In recent years, countries across the continent like Italy, Germany, Malta and Luxembourg have legalised cannabis or made steps to draft bills to do so. On the other hand, France keeps its strict stance and goes in the opposite direction. The regulation around CBD and other hemp products is a hot topic in France and amplified following the Kanavape ruling.
This article delves into why the French Government has such a strict stance on cannabis-derived products, the impact on their national CBD industry and what the future may hold for one of Europe’s highest uptake of cannabis users.
Why France Banned the Sale of CBD Flowers
In the Kanavape case, the Court of Justice of the European Union (CJEU) asked France to review its stringent CBD regulations – specifically the Regulation (arrêté) of 22 August 1990, in response to the free movement of goods principle. As a result, France had to submit a new draft Regulation to the European Commission. The French courts have been giving effect to the European ruling directly despite the legal uncertainty created by the Kanavape situation.
On 31 December 2021, the long-awaited new regulation was published but was not well received. It expressly prohibits the marketing of flowers and leaves of certain varieties of cannabis to consumers – even when the THC content is below the 0.3% threshold.
The French Government had justified this ban due to their opinion of its risks to public health, risks to consumer health, and public safety. There is also the difficulty the French authorities have between distinguishing “narcotic” and “non-narcotic” flowers. On these points, the Conseil d’Etat (the highest French administrative court) argued the reason for their ruling included:
- “It does not result from the investigation, at the date of this decision, that hemp flowers and leaves with less than 0.30% THC are harmful to health to justify a general and absolute prohibition of their sale to consumers and their use. This percentage being moreover the one retained by the contested regulation itself, in article 1-I, to characterise the plants authorised for cultivation, importation, exportation and industrial and commercial use.”
- “It does not follow either that it is not possible to implement the means to control this percentage, while the means of control are detailed, for the whole of the plant, in the annexe of the regulation, in order to distinguish the leaves and flowers of hemp which, because of their very low THC content, could be regarded as devoid of narcotic properties, within the meaning of Article R. 5132-86 – I of the French code of public health.”
How The French CBD Industry Responded
The adoption of this decree does not solve the French difficulties regarding the status of CBD. As a result, several CBD producers, professional unions and associations have indicated their willingness to challenge this decree before the European authorities. As a result, appeals were brought before the Constitutional Council (“Conseil Constitutionnel”) – particularly around the definition of the criteria for the classification of narcotics.
On 7 January 2021, the government decree banned the sale of raw CBD leaves and flowers as constitutional. Their decision does not tackle the prohibition of the sale and possession of hemp flowers, but instead, it reflected the decree’s constitutionality. The Constitutional Council also declared that cannabidiol based products (including the flower) were not contained in the list of psychotropic substances. They also took the opportunity to preserve two cumulative criteria for defining a drug – “addiction” and “harmful effects on health”.
The Union of CBD professionals filed a summary proceeding before the Council of State on 1 January 2022. They successfully got them to temporarily suspend the enforcement of the decree based on an investigation that demonstrated that hemp flowers and leaves with a 0.3% maximum THC content would be sufficiently damaging to public health to warrant a complete absolute prohibition measure.
The Temporary Overturned Ban on CBD Flowers
Although the 31 December 2021 decree forbids the sale of CBD flowers to consumers (which was a significant setback for the French Cannabis market), it does allow hemp farmers to no longer destroy their flowers and can now extract hemp from all parts of the plant. The industry welcomed this decision and was happy to know that operators could defend the total crop valuation.
This development has seen a united front against the ruling by CBD industry bodies – including The Syndicat du Chanvre (The Professional Hemp Union), the Union des Professionnels du CBD, L630 and many others. In addition, the drug policy reform organisation L630 released a statement highlighting the legal problems that the decree poses. They assert that the legislation “violates constitutionally guaranteed freedom of commerce and industry, and undermines thousands of jobs without serious justification.”
From an economic standpoint, the decree represents a massive loss of revenue. CBD hemp flowers represent 50% of the CBD market, equating to almost €1 billion in business volume. In addition, the ban on the sale of hemp flowers in France could lead to a wave of redundancies within the sector, affecting traders in particular.
The CEO of French Swiss Hemp has also launched a citizen petition to raise awareness of the decree. It currently has over 40,000 signatures as more people understand the impact the prohibition of flower sales has on the entire hemp industry. It seems particularly unjust that other neighbouring counties do not ban the molecule.
One of the most prevalent highlights of the citizen petition is that many people consume CBD flowers for weaning off the psychoactive compound THC. The CBD flower ban would have a detrimental effect on those recovering and could force them to fall back on uncontrolled substances with a high THC content.
A pan-European membership organisation, known as the European Industrial Hemp Association (EIHA), has been vocal about the impacts the decree has had on the industry. They have noted that EU operators have lost part of the market due to the lengthy decision-making process – especially the CBD isolate, as they cannot compete with US prices. In addition, the prohibition of selling flowers will also negatively impact the EU hemp leaf (tea) market, which is entirely legal in the other Member States.
What Does The Future Hold For CBD in France?
France has always banned cannabis as a narcotic, but textile and agricultural hemp have been cultivated in the European nation for a long time. This form of hemp has insignificant THC levels but is often high in CBD and other non-addictive cannabinoids. CBD is currently not banned in France and is currently Europe’s largest hemp producer, only second in the world behind China.
It makes economic sense for France to allow more products to be made from CBD, especially considering the explosion of sales and the European law that tolerated the trade-in of CBD. This could be a fantastic opportunity for French agriculture and allow them to expand into the cosmetic and food CBD markets.
French farmers are well aware that the cultivation of hemp opens the doors to making outlets. These crops have the positive attribute of absorbing significant amounts of carbon dioxide and are far more lucrative than other popular crops like wheat. Even the cultivation of textile hemp is currently so controlled in France that farmers have to import the bulk of these hemp requirements to neighbouring countries. Many hope that the French authorities revise these regulations so that the farmers can start enticing trade.
With the CBD market currently representing around €3 billion worldwide annually, Europe should sooner or later represent close to 30% of the global market. Even with France’s strict laws, the market is already estimated at €300 million and could reach €1.5 billion per year in a few years. The industry could even employ at least 100,000 people. There is, however, the big factor that two-thirds of this market is anticipated to come from the marketing of raw leaves and flowers.
The French CBD industry wants the development of a common European approach to CBD-based products. However, they are currently left with some considerable uncertainty as they wait for the final decision on the merits of the lawfulness of the contested decree.
When it comes to the marketing and sale of CBD products in France, it is worth considering the following:
- Make sure all CBD products you plan to manufacture, sell or distribute are compliant with French and EU regulations.
- If you plan or are distributing CBD products in countries outside of France (or in the other EU Member States), make sure to get clarification on whether or not the products can be imported to France.
- Double-check that all CBD products you are importing comply with EU regulation – and in particular, have been approved as Novel Food by the EU.
- Be cautious that all your advertisements for CBD products do not create any confusion about cannabis and do not make any therapeutic claims.
It is essential to stay up to date with all regulatory changes to understand what is permitted and what is not. The assumption should not be made that what is legal in one country in Europe is also the case in another, even in EU member states.
Final Thoughts
The French state has a history of playing caution with CBD and other hemp-derived products. This caution or reluctance can be difficult for many to understand when faced with the fact that CBD has no apparent danger. However, the safety of CBD goes beyond the options of consumers and the cannabis industry – it is also the position supported by the CJEU.
The conflict in the French CBD market is not new and has been dragging on for years. However, as cannabis has been legalised in some countries like Canada and some States in America, the CBD industry has taken off. Likewise, the public authorities in France have seen a rise in the demand for new well-being hemp products.
There is a strong argument that a substance legally produced on European soil should not be able to be pronounced by another member state based on simple assumptions. For France to impose a future ban on CBD or one of its products, the government must prove that it poses a real risk to public health with a huge amount of solid scientific data backing it. The chances of this being the case are incredibly slim. Since the discovery of the cannabinoid compound in 1963, there has been no significant scientific study that demonstrated addictive, psychoactive effects or any health risk.
Frequently Asked Questions (FAQs)
How does the CanaVape Case impact the French CBD industry?
In 2014, the French authorities launched legal action against the makers of CanaVape – Antonin Cohen and Sébastien Béguerie of SAS Catlab. CanaVape is made using CBD oil extracted from hemp flowers imported from the Czech Republic. Marseilles Criminal Court gave the pair a 16 month suspended sentence and a €10,000 fine in January 2018. The two makers appealed this verdict to the Aix-en-Provence Court of Appeal, which passed the matter to the CJEU. The CJEU ruled that CBD is not a narcotic, and a member state cannot restrict the free movement of CBD products (even when derived from hemp flowers).
Does CBD apply to the free movement of goods in the EU?
On 19 November 2020, the CJEU published a press release that stated Member States are not allowed to ban the marketing of CBD, which has been lawfully produced in another Member State. This includes products extracted from the whole of the Cannabis sativa plant, not just from the fibre and seeds. However, they do go on to declare that a prohibition can be justified to protect public health, but it can not go beyond what is necessary to attain it. The CJEU requests the French government to provide scientific data that proves CBD is a real risk to public health before imposing a prohibition. If they prohibit the marketing of CBD based on theoretical considerations, the French could be in breach of the EU free movement of goods agreement.
Can you buy CBD in France?
CBD is currently legal in France – however, there are some stringent rules around which sections of the hemp plant can be utilised and permitted strains. For example, only the stems and fibres can be used, and the finished CBD product must contain 0% THC. Therefore, to stay compliant in France, it may be best to purchase products made with CBD isolate. This is because the hemp extracts are thoroughly processed to remove any remaining THC or other cannabis compounds. As with any purchase, make sure the supplier can provide a third-party test certificate so you can check the safety and quality of the compounds.
What lessons could France learn from other countries’ cannabis policies?
The French Government contends that the reason for banning CBD flowers is over the concern for public health and safety. They are struggling to create a regulatory framework that allows for accurate THC monitoring and policing. Other countries’ experiences when opening up opportunities within the cannabis market and working towards legalising the whole plant have seen a decline in criminal activity and allowed for better control over product quality. There is huge consumer demand for cannabis products in France, and by legalising CBD flowers, the authorities would be able to regulate consumption to reduce the health risk. It would also free up a lot of time currently spent by law-enforcement bodies prosecuting cannabis use, allowing them to focus on combating other criminal markets.
What is a CBD hemp flower?
CBD hemp flower, also known as CBD hemp buds or buds, comes from the female hemp plant. As the female plant matures and enters the flowering stage of its lifecycle, it puts more energy into producing flowers covered in sticky compounds called trichomes. The hemp flower is understood to have some of the greatest CBD potential due to the variety of flavours, aromas, and textures it has to offer. As a result, many people decide to use CBD buds instead of oils and other products as they like to get the CBD directly from the source.
Do CBD flowers have a smell and taste?
The smell and taste of CBD flowers are very similar to that of cannabis, as it has many of the same flavonoids and terpenes. With high-quality flowers, the smell and flavour will be very pronounced. To help improve and maintain the buds, they should be stored in an airtight glass jar. Moisture can significantly impact the flavour – however, if they get too dry and crumbly, they will also lack taste. The distinct smell and taste of CBD are not to everyone’s liking. If you would like to enjoy the potential benefits of CBD flower but change the flavour a bit, you can add some citrus peel to the storage jar.
Can you smoke CBD flowers?
Smoking CBD flowers is one of the preferred methods of consumption. It can be smoked in many different ways, similar to cannabis. For example, some CBD flower fans choose to roll it or smoke it in a pipe. Others prefer vaping over smoking as there is more control over the temperature. In addition, having a lower setting means the plant will not get burned and reduces the risk of releasing toxins and carcinogens found in smoke of any kind. Smoking CBD flowers will not produce any psychoactive effects, but some people have reported feelings of relaxation and peacefulness while maintaining a clear head.
How do you make CBD flower tea?
Although smoking is probably the most popular form of using CBD flowers, there are many different ways to consume it. For those who have a preference not to smoke – it can be used to make tea or added to food. To make tea, it is best to grind the buds as finely as possible to allow for optimal flavour and CBD release. The ground flowers are then added to a tea strainer or infuser and into a pan of gently simmering pan of water. Seeping will take around 20 minutes to facilitate the decarboxylation process. CBD flowers are also great to bake with and are excellent in homemade biscuits to go with your special tea.
What is the difference between carboxylation and decarboxylation?
Even when cannabis is raw (carboxylation), it does provide some potential nutritional benefits. However, to enjoy the full benefits cannabis has to offer, the plant needs to be heated (decarboxylation). Decarboxylation refers to the chemical reaction that removes a carboxyl (COOH) group from CBD-A. Carbon dioxide is then released from the plant as a by-product of this reaction. Unfortunately, when making edibles from CBD flowers, it is common to forget to decarboxylate the plant before eating. Use an oven to heat the plant matter and release the activated CBD to avoid this mistake.
What is the difference between CBD flowers and THC flowers?
Although CBD and THC both come from cannabis plants, their effect on the body differs hugely. Unlike THC, which is most prevalent in marijuana, CBD buds are from the female hemp plant with low amounts of THC. The most significant difference between the two compounds is that CBD is non-psychoactive. This is one of the main reasons why many governments have made hemp products with high CBD but low THC content legal for sale and purchase. It can be tricky to distinguish between the two flowers purely by looking at the buds, but when analysing the whole plant. THC bearing plants tend to have broader leaves with a short, dense bush. Hemp plants, on the other hand, are taller with thin leaves.
References
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000044793213
https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-11/cp200141en.pdf
Table of Contents
The Lifting of the CBD Flower Ban in France
Table of Contents
Summary
Introduction
Why France Banned the Sale of CBD Flowers
How The French CBD Industry Responded
The Temporary Overturned Ban on CBD Flowers
What Does The Future Hold For CBD in France?
Final Thoughts
Frequently Asked Questions (FAQs)
References
Summary
France has some of the strictest regulations on CBD in Europe. They have continued to legislate based on hypothetical assumptions about the non-psychoactive compound’s risk to public health. The Kanavape ruling has sprung their potentially overzealous laws into the spotlight. The Court of Justice of the European Union is now asking them to remove the CBD flower prohibition until they have scientific data that supports the reason for blocking the free trade of legally produced CBD products.
The arguments for completely lifting the ban on CBD flowers in France are plentiful. It could potentially reduce the risk to public health as CBD products will be tested for quality and safety. In addition, the economic benefits the CBD industry brings are substantial, with hemp flowers representing 50% of the CBD market – equating to nearly €1 billion.
Introduction
France has some of the most hash cannabis laws in the whole of Europe. The plant used to make the non-psychoactive compound CBD has been banned federally in France since 1970. The authorities do not allow cannabis for medicinal use, and most prevalently, there is no distinction in the law between trafficking and personal use.
In recent years, countries across the continent like Italy, Germany, Malta and Luxembourg have legalised cannabis or made steps to draft bills to do so. On the other hand, France keeps its strict stance and goes in the opposite direction. The regulation around CBD and other hemp products is a hot topic in France and amplified following the Kanavape ruling.
This article delves into why the French Government has such a strict stance on cannabis-derived products, the impact on their national CBD industry and what the future may hold for one of Europe’s highest uptake of cannabis users.
Why France Banned the Sale of CBD Flowers
In the Kanavape case, the Court of Justice of the European Union (CJEU) asked France to review its stringent CBD regulations – specifically the Regulation (arrêté) of 22 August 1990, in response to the free movement of goods principle. As a result, France had to submit a new draft Regulation to the European Commission. The French courts have been giving effect to the European ruling directly despite the legal uncertainty created by the Kanavape situation.
On 31 December 2021, the long-awaited new regulation was published but was not well received. It expressly prohibits the marketing of flowers and leaves of certain varieties of cannabis to consumers – even when the THC content is below the 0.3% threshold.
The French Government had justified this ban due to their opinion of its risks to public health, risks to consumer health, and public safety. There is also the difficulty the French authorities have between distinguishing “narcotic” and “non-narcotic” flowers. On these points, the Conseil d’Etat (the highest French administrative court) argued the reason for their ruling included:
- “It does not result from the investigation, at the date of this decision, that hemp flowers and leaves with less than 0.30% THC are harmful to health to justify a general and absolute prohibition of their sale to consumers and their use. This percentage being moreover the one retained by the contested regulation itself, in article 1-I, to characterise the plants authorised for cultivation, importation, exportation and industrial and commercial use.”
- “It does not follow either that it is not possible to implement the means to control this percentage, while the means of control are detailed, for the whole of the plant, in the annexe of the regulation, in order to distinguish the leaves and flowers of hemp which, because of their very low THC content, could be regarded as devoid of narcotic properties, within the meaning of Article R. 5132-86 – I of the French code of public health.”
How The French CBD Industry Responded
The adoption of this decree does not solve the French difficulties regarding the status of CBD. As a result, several CBD producers, professional unions and associations have indicated their willingness to challenge this decree before the European authorities. As a result, appeals were brought before the Constitutional Council (“Conseil Constitutionnel”) – particularly around the definition of the criteria for the classification of narcotics.
On 7 January 2021, the government decree banned the sale of raw CBD leaves and flowers as constitutional. Their decision does not tackle the prohibition of the sale and possession of hemp flowers, but instead, it reflected the decree’s constitutionality. The Constitutional Council also declared that cannabidiol based products (including the flower) were not contained in the list of psychotropic substances. They also took the opportunity to preserve two cumulative criteria for defining a drug – “addiction” and “harmful effects on health”.
The Union of CBD professionals filed a summary proceeding before the Council of State on 1 January 2022. They successfully got them to temporarily suspend the enforcement of the decree based on an investigation that demonstrated that hemp flowers and leaves with a 0.3% maximum THC content would be sufficiently damaging to public health to warrant a complete absolute prohibition measure.
The Temporary Overturned Ban on CBD Flowers
Although the 31 December 2021 decree forbids the sale of CBD flowers to consumers (which was a significant setback for the French Cannabis market), it does allow hemp farmers to no longer destroy their flowers and can now extract hemp from all parts of the plant. The industry welcomed this decision and was happy to know that operators could defend the total crop valuation.
This development has seen a united front against the ruling by CBD industry bodies – including The Syndicat du Chanvre (The Professional Hemp Union), the Union des Professionnels du CBD, L630 and many others. In addition, the drug policy reform organisation L630 released a statement highlighting the legal problems that the decree poses. They assert that the legislation “violates constitutionally guaranteed freedom of commerce and industry, and undermines thousands of jobs without serious justification.”
From an economic standpoint, the decree represents a massive loss of revenue. CBD hemp flowers represent 50% of the CBD market, equating to almost €1 billion in business volume. In addition, the ban on the sale of hemp flowers in France could lead to a wave of redundancies within the sector, affecting traders in particular.
The CEO of French Swiss Hemp has also launched a citizen petition to raise awareness of the decree. It currently has over 40,000 signatures as more people understand the impact the prohibition of flower sales has on the entire hemp industry. It seems particularly unjust that other neighbouring counties do not ban the molecule.
One of the most prevalent highlights of the citizen petition is that many people consume CBD flowers for weaning off the psychoactive compound THC. The CBD flower ban would have a detrimental effect on those recovering and could force them to fall back on uncontrolled substances with a high THC content.
A pan-European membership organisation, known as the European Industrial Hemp Association (EIHA), has been vocal about the impacts the decree has had on the industry. They have noted that EU operators have lost part of the market due to the lengthy decision-making process – especially the CBD isolate, as they cannot compete with US prices. In addition, the prohibition of selling flowers will also negatively impact the EU hemp leaf (tea) market, which is entirely legal in the other Member States.
What Does The Future Hold For CBD in France?
France has always banned cannabis as a narcotic, but textile and agricultural hemp have been cultivated in the European nation for a long time. This form of hemp has insignificant THC levels but is often high in CBD and other non-addictive cannabinoids. CBD is currently not banned in France and is currently Europe’s largest hemp producer, only second in the world behind China.
It makes economic sense for France to allow more products to be made from CBD, especially considering the explosion of sales and the European law that tolerated the trade-in of CBD. This could be a fantastic opportunity for French agriculture and allow them to expand into the cosmetic and food CBD markets.
French farmers are well aware that the cultivation of hemp opens the doors to making outlets. These crops have the positive attribute of absorbing significant amounts of carbon dioxide and are far more lucrative than other popular crops like wheat. Even the cultivation of textile hemp is currently so controlled in France that farmers have to import the bulk of these hemp requirements to neighbouring countries. Many hope that the French authorities revise these regulations so that the farmers can start enticing trade.
With the CBD market currently representing around €3 billion worldwide annually, Europe should sooner or later represent close to 30% of the global market. Even with France’s strict laws, the market is already estimated at €300 million and could reach €1.5 billion per year in a few years. The industry could even employ at least 100,000 people. There is, however, the big factor that two-thirds of this market is anticipated to come from the marketing of raw leaves and flowers.
The French CBD industry wants the development of a common European approach to CBD-based products. However, they are currently left with some considerable uncertainty as they wait for the final decision on the merits of the lawfulness of the contested decree.
When it comes to the marketing and sale of CBD products in France, it is worth considering the following:
- Make sure all CBD products you plan to manufacture, sell or distribute are compliant with French and EU regulations.
- If you plan or are distributing CBD products in countries outside of France (or in the other EU Member States), make sure to get clarification on whether or not the products can be imported to France.
- Double-check that all CBD products you are importing comply with EU regulation – and in particular, have been approved as Novel Food by the EU.
- Be cautious that all your advertisements for CBD products do not create any confusion about cannabis and do not make any therapeutic claims.
It is essential to stay up to date with all regulatory changes to understand what is permitted and what is not. The assumption should not be made that what is legal in one country in Europe is also the case in another, even in EU member states.
Final Thoughts
The French state has a history of playing caution with CBD and other hemp-derived products. This caution or reluctance can be difficult for many to understand when faced with the fact that CBD has no apparent danger. However, the safety of CBD goes beyond the options of consumers and the cannabis industry – it is also the position supported by the CJEU.
The conflict in the French CBD market is not new and has been dragging on for years. However, as cannabis has been legalised in some countries like Canada and some States in America, the CBD industry has taken off. Likewise, the public authorities in France have seen a rise in the demand for new well-being hemp products.
There is a strong argument that a substance legally produced on European soil should not be able to be pronounced by another member state based on simple assumptions. For France to impose a future ban on CBD or one of its products, the government must prove that it poses a real risk to public health with a huge amount of solid scientific data backing it. The chances of this being the case are incredibly slim. Since the discovery of the cannabinoid compound in 1963, there has been no significant scientific study that demonstrated addictive, psychoactive effects or any health risk.
Frequently Asked Questions (FAQs)
How does the CanaVape Case impact the French CBD industry?
In 2014, the French authorities launched legal action against the makers of CanaVape – Antonin Cohen and Sébastien Béguerie of SAS Catlab. CanaVape is made using CBD oil extracted from hemp flowers imported from the Czech Republic. Marseilles Criminal Court gave the pair a 16 month suspended sentence and a €10,000 fine in January 2018. The two makers appealed this verdict to the Aix-en-Provence Court of Appeal, which passed the matter to the CJEU. The CJEU ruled that CBD is not a narcotic, and a member state cannot restrict the free movement of CBD products (even when derived from hemp flowers).
Does CBD apply to the free movement of goods in the EU?
On 19 November 2020, the CJEU published a press release that stated Member States are not allowed to ban the marketing of CBD, which has been lawfully produced in another Member State. This includes products extracted from the whole of the Cannabis sativa plant, not just from the fibre and seeds. However, they do go on to declare that a prohibition can be justified to protect public health, but it can not go beyond what is necessary to attain it. The CJEU requests the French government to provide scientific data that proves CBD is a real risk to public health before imposing a prohibition. If they prohibit the marketing of CBD based on theoretical considerations, the French could be in breach of the EU free movement of goods agreement.
Can you buy CBD in France?
CBD is currently legal in France – however, there are some stringent rules around which sections of the hemp plant can be utilised and permitted strains. For example, only the stems and fibres can be used, and the finished CBD product must contain 0% THC. Therefore, to stay compliant in France, it may be best to purchase products made with CBD isolate. This is because the hemp extracts are thoroughly processed to remove any remaining THC or other cannabis compounds. As with any purchase, make sure the supplier can provide a third-party test certificate so you can check the safety and quality of the compounds.
What lessons could France learn from other countries’ cannabis policies?
The French Government contends that the reason for banning CBD flowers is over the concern for public health and safety. They are struggling to create a regulatory framework that allows for accurate THC monitoring and policing. Other countries’ experiences when opening up opportunities within the cannabis market and working towards legalising the whole plant have seen a decline in criminal activity and allowed for better control over product quality. There is huge consumer demand for cannabis products in France, and by legalising CBD flowers, the authorities would be able to regulate consumption to reduce the health risk. It would also free up a lot of time currently spent by law-enforcement bodies prosecuting cannabis use, allowing them to focus on combating other criminal markets.
What is a CBD hemp flower?
CBD hemp flower, also known as CBD hemp buds or buds, comes from the female hemp plant. As the female plant matures and enters the flowering stage of its lifecycle, it puts more energy into producing flowers covered in sticky compounds called trichomes. The hemp flower is understood to have some of the greatest CBD potential due to the variety of flavours, aromas, and textures it has to offer. As a result, many people decide to use CBD buds instead of oils and other products as they like to get the CBD directly from the source.
Do CBD flowers have a smell and taste?
The smell and taste of CBD flowers are very similar to that of cannabis, as it has many of the same flavonoids and terpenes. With high-quality flowers, the smell and flavour will be very pronounced. To help improve and maintain the buds, they should be stored in an airtight glass jar. Moisture can significantly impact the flavour – however, if they get too dry and crumbly, they will also lack taste. The distinct smell and taste of CBD are not to everyone’s liking. If you would like to enjoy the potential benefits of CBD flower but change the flavour a bit, you can add some citrus peel to the storage jar.
Can you smoke CBD flowers?
Smoking CBD flowers is one of the preferred methods of consumption. It can be smoked in many different ways, similar to cannabis. For example, some CBD flower fans choose to roll it or smoke it in a pipe. Others prefer vaping over smoking as there is more control over the temperature. In addition, having a lower setting means the plant will not get burned and reduces the risk of releasing toxins and carcinogens found in smoke of any kind. Smoking CBD flowers will not produce any psychoactive effects, but some people have reported feelings of relaxation and peacefulness while maintaining a clear head.
How do you make CBD flower tea?
Although smoking is probably the most popular form of using CBD flowers, there are many different ways to consume it. For those who have a preference not to smoke – it can be used to make tea or added to food. To make tea, it is best to grind the buds as finely as possible to allow for optimal flavour and CBD release. The ground flowers are then added to a tea strainer or infuser and into a pan of gently simmering pan of water. Seeping will take around 20 minutes to facilitate the decarboxylation process. CBD flowers are also great to bake with and are excellent in homemade biscuits to go with your special tea.
What is the difference between carboxylation and decarboxylation?
Even when cannabis is raw (carboxylation), it does provide some potential nutritional benefits. However, to enjoy the full benefits cannabis has to offer, the plant needs to be heated (decarboxylation). Decarboxylation refers to the chemical reaction that removes a carboxyl (COOH) group from CBD-A. Carbon dioxide is then released from the plant as a by-product of this reaction. Unfortunately, when making edibles from CBD flowers, it is common to forget to decarboxylate the plant before eating. Use an oven to heat the plant matter and release the activated CBD to avoid this mistake.
What is the difference between CBD flowers and THC flowers?
Although CBD and THC both come from cannabis plants, their effect on the body differs hugely. Unlike THC, which is most prevalent in marijuana, CBD buds are from the female hemp plant with low amounts of THC. The most significant difference between the two compounds is that CBD is non-psychoactive. This is one of the main reasons why many governments have made hemp products with high CBD but low THC content legal for sale and purchase. It can be tricky to distinguish between the two flowers purely by looking at the buds, but when analysing the whole plant. THC bearing plants tend to have broader leaves with a short, dense bush. Hemp plants, on the other hand, are taller with thin leaves.
References
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000044793213
https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-11/cp200141en.pdf
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