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France sees united front against new hemp decree

France has implemented a new decree allowing hemp farmers not to destroy their flowers and to extract hemp from all parts of the plant. However, the decree also prohibits the sale of CBD flowers to consumers – a major blow for the French market.

France implemented article R. 5132-86 of the French Public Health Code on December 30, 2021, which regulates hemp products. This includes imports and exports, cultivation, and sales and commercial use. 

The good news is that farmers no longer have to destroy their flower crops. However, it also prohibits the sale CBD flowers to consumers on health grounds.

This development has seen a united front against the regulation from industry bodies, including The Syndicat du Chanvre (The Professional Hemp Union), L630, the Union des Professionnels du CBD and others.

In a statement, drug policy reform organisation , L630, said: “The catastrophic results of this policy would require a reform, to put an end to the chaos of prohibition, but, conversely, France is tightening its regulations, claiming to ban even non-psychotropic CBD flowers, normally marketed in our European neighbours, as in France, for a few years now.

“This decree poses solid legal problems. It violates constitutionally guaranteed freedom of commerce and industry, and undermines thousands of jobs without serious justification.”

And continued to say: “At a time when Germany plans to legalise cannabis, and even as Europe markets hemp-derived products more and more widely, France is once again choosing to take the opposite view.

“The French prohibitionist exception will not resist this global movement which is being rolled out nationally through the mobilization of more and more numerous and increasingly strong actors. One thing is now certain, it will be necessary to face the anger of the many economic actors of CBD who could well rely on the dissatisfaction of their customers…

“L630 calls on all unions and professionals to unite to challenge this manifestly illegal decree in court. It remains at their disposal to ensure the conditions of union and to respond with a loud and clear voice to a government which is absurdly obstinate.”

Syndicat du Chanvre, which brings together players in the French wellness hemp, medical cannabis and textile hemp sectors, commented in an online post: “It is incredible that France wishes to continue to ignore the law on the subject … and to take decisions that are the exact opposite of the objectives it displays in terms of health or the fight against trafficking.” [translated from Google]

In a public statement, it commented to say: “…from an economic point of view, the union can only be saddened by the loss of revenue that this decree represents.

“Indeed, CBD hemp flowers represent 50 per cent of the CBD market, i.e. nearly €1bn in business volume. The ban on the sale of hemp flowers can only lead to a wave of redundancies of several thousand jobs for all the actors of the sector, especially the traders.

“This loss of economic opportunity will benefit economic actors in other European countries who will be able to continue shipping to France.

“The Hemp Union will challenge this decision before the administrative courts in the coming weeks. Until then, the union calls on the Government to start a dialogue with the French hemp industry.”

A petition has also been launched calling to annul the decree regarding the prohibition of flower sales. The petition, launched by Éric Juilliat, CEO of French Swiss Hemp, already has nearly 28,000 signatures (at the time of publishing), just days following its launch.

Speaking to Cannabis Wealth, Juilliat commented: “I launched this citizen petition to raise awareness that this decree is unjust.

“It was my duty as a free, French citizen to create this petition in order to make our government understand that this decision was unfair to the entire hemp industry, while in other countries this molecule is not prohibited.”

The petition highlights that most people consume CBD flower for THC weaning and that the ban will push many back to using black markets, forcing them to fall back on an uncontrolled substance with a high THC level.

Lorenza Romanese, managing director at the European Industrial Hemp Association (EIHA), a pan-European membership organisation representing hemp farmers and producers, said in a comment to CannabisWealth: “We certainly welcome the French decision to allow operators to extract hemp from all parts of the plant. 

“As EIHA we defend the total crop valuation and this decision certainly goes in the right direction. Nevertheless, we should recall that because of lengthy decisions, EU operators have lost part of the market (especially the isolate CBD) as they will never be able to compete with US prices.”

However, Romanese highlights that the prohibition of flower sales will negatively impact the hemp leaf market. 

“In particular, the sale to consumers of flowers or raw leaves in all their forms, alone or in combination with other ingredients, their possession by consumers and their consumption are prohibited,” added Romanese. 

“That does not help the EU hemp leaf (tea) market which EIHA defends and which is perfectly legal in other Member States.”

Yannick Jadot, a candidate for the presidential election, has expressed his support for producers and sellers.

[Google translation]: CBD: the government demonstrates its absolute ignorance of the subject, prisoner as it is of its policy of ineffective and dangerous repression against cannabis. Support for producers and sellers.

The decree was implemented following the Aix-en-Provence Court of Appeal dropping its charges against French company KanaVape, which was prosecuted for breaking French law by selling vapourisers containing CBD oil extracted from the whole cannabis plant.

The dropped charges confirmed the ruling made in November 2020 by the Court of Justice of the European Union (CJEU) that CBD is not a narcotic and that EU Member States may not ban the marketing of CBD when extracted from the whole plant. 

Former co-director of KanaVape, Antonin Cohen, publicly commented on the development to say that: “Hemp farmers don’t have to destroy their flowers anymore. Now, we can legally extract CBD in France. French authorities have been forced to publish this new law following my victory at the European Court of Justice in the Kanavape Case. 

“Unfortunately, the new law clarifies again that hemp flowers cannot be sold to end consumers. Such a shame because hemp flowers are an excellent risk-reduction tool for cannabis smokers. Also very good to use in herbal infusions. 

“So much more work to achieve for the complete liberation of traditional plants. The fight is just getting started.”

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