EDITION:

Search
Search
Close this search box.

New narcotics ruling in France raises further questions on CBD decree

On Friday, 7 January, a new ruling was made in France outlining the definition of narcotics, raising further questions on the legitimacy of the recent decree prohibiting the sale of CBD flowers.

Last week, the French Constitutional Council made a new ruling on the definition of a narcotic. The ruling declared that in order for a substance to be classed as a narcotic is must be both toxic and addictive. 

Previously, France, which is currently in a presidential campaign, did not have a specific definition of narcotics, only a list that has products or substances added to it each year. 

Following the conclusion of the industry’s infamous KannaVape case in 2020, the Court of Justice of the European Union (CJEU) declared that CBD is not a narcotic due to the fact it “does not appear to have any psychotropic effect or any harmful effect on human health”.

This led to a new decree in France in December 2021, which enables farmers not to destroy their hemp crops, but which prohibits the sale of CBD flowers to consumers on health grounds.

Read more: France sees united front against new hemp decree

The new French ruling on narcotics and the new decree seem to directly contradict each other. 

The French Association of Cannabinoid Producers spoke at the hearing for the narcotics ruling. On its website, the Association states that: “To be able to practice in the CBD sector in Europe, the French law concerning cannabinoids and its derivatives must evolve and align with the EU.

“Legislative restrictions still prevent the development of the French market and favour foreign markets: it is a real injustice for the French players in the sector who are nevertheless ready to invest and work.

“The slowness of the French administration and the current situation continues to widen the gap with our foreign competitors.”

Speaking to Cannabis Wealth, François-Guillaume Piotrowski, President of the French Association of Cannabinoid Producers, commented: “My reaction about the decision of the Constitutional Court is that this is a good update for the french CBD sector after a hard new regulation on 30 December, because the council has made a precise definition of what is a narcotic in regard of the law and what is not.

“According to their definition, CBD is not a narcotic. So, now it will be the first step to continue justice action [regarding the decree], to obtain a regulation that will be more adapted to the reality of this sector and to the demand of the consumers.”

Regarding the decree, Benjamin-Alexandre Jeanroy, co-founder and CEO at Paris-based Augur Associates, a consulting firm focused on the hemp and cannabis industry, commented: “This situation was back and forth since 2018 with the appearance of the first CBD shops all over the territory. 

“Since then, it was not allowed to sell hemp flowers, it was just not directly forbidden. The decree was forced on the Government by the KanaVape case, but also by other cases internal to French jurisdictions. 

“We do know that this decree is provisionary. It could last one to three years because it is in contradiction with what’s happening in other EU Member States and is probably going to be attacked at the EU Court of Justice at one point or another. 

“What the decree creates is more stability for some actors of the CBD ecosystem. Mostly, for people working with extract with transformed products, and even the right to grow hemp flowers on French territory, as to be able to extract CBD and other minor cannabinoids and terpenes. 

“It also brings, I’d say, almost distress to some others. CBD retailers and small farmers who can’t do direct sales to consumers. It just creates still more uncertainty for the people working at that level in shops and for small cannabis farmers. 

“What we see is that the government is prioritising other interests – more industrial. And that’s where we are for now.”

Jeanroy says the ruling from the Constitutional Court creates a lot of questions, as its new definition could consider both tobacco and alcohol as a narcotic.  

“We could also consider that CBD is not [a narcotic], because it has been clearly defined by the World Health Organization (WHO) and later on by the EU Court, following the KanaVape case, as being non-addictive and non-toxic.

“France recently took the seat of Presidency of the Council of Europe which means that they’re going to preside over many different instances of regulations.

They are going to use that for many different objectives. One of them is that France is currently in a presidential campaign – so, you have Macron, who wants to project certain things, and has decided that on the topic of drugs, narcotics, cannabis, hemp, he was going to show a prohibitive face, talking to more of the right-wing of his electorate. 

“That means that it is currently using EU institutions as a way to foster its internal political plans. You can see that at different levels right now.”

The CBD decree was made on health grounds, and recently a small study came out linking unemployment with the use of cannabis.

“This little study is quite problematic in its methodology,” said Jeanroy. “But it is one thing they are showing in order to advance their political views. 

“Another study came out from a small group of pharmacists saying that there are some things that CBD does not work with in terms of interaction. We don’t know enough. We should be very careful. It could be dangerous. Even if we don’t really know why. 

“So, this is a direct response from the French government to the ruling of the KanaVape case that said that the only way for France to restrict the access of CBD was to show that there were health issues.”

A direct action initiative is taking place against the decree spearheaded by French cannabis industry bodies. Jeanroy says the process will likely entail judiciary work over the next few years, which will have to take place before the country sees any proper regulation integrating the direct sale of CBD flowers to consumers.

[activecampaign form=31]

Related Posts

Related Posts

CONNECT

Related Posts

Related Posts

Recent Posts

Related Posts

Subscribe to our mailing list to receives daily updates!

We won’t spam you

Categories

Browse by Tags

CATEGORIES

EDITION

BUSINESS OF CANNABIS

© 2023 Prohibition Holdings Ltd. All Rights Reserved.

EDITION

Are you sure want to unlock this post?
Unlock left : 0
Are you sure want to cancel subscription?