The new December 31, 2021 legislation on CBD, a danger for the hemp industry?
On January 2, 2022, new legislation concerning CBD came into force. A surprising piece of information, which has not failed to arouse excitement and surprise among industry professionals. On the agenda? CBD Flowers The new regulations on CBD, THC levels and political issues in France. In the rest of this article, we'll tell you absolutely everything you need to know about this new law and how it could affect you and your CBD Shop, whether you run a physical or online business.
What did the old law say about CBD in France?
What's new in the new CBD legislation?
Can this new CBD legislation remain unchanged?
What are the impacts of this decision?
K-Lab, a partner focused on legal products
What did the old law say about CBD in France?
The old CBD legislation was, so to speak, relatively vague. Indeed, the CBD sector was in full development and no one knew whether or not it was possible to sell low-THC products. The situation took a strange turn when law enforcement agencies began to invest in and close down numerous CBD shops and establishments. The best-known case is probably Kanavape.
The founders of a company offering CBD vape solutions for sale have been taken to court. Found guilty, they decided to appeal. In the end, the European Court of Justice ruled in their favor. In fact, France was ordered to review its law on the subject, giving hope to many professionals.
What's new with the new CBD legislation?
Unfortunately, this new law is really quite restrictive, especially when it comes to Flowers CBD. The text explains that the executive will regulate the use and marketing of CBD, while preventing the sale of Flowers CBD for smoking or herbal tea use. According to the order published in the Journal Officiel, "the cultivation, import, export and industrial and commercial use of Cannabis sativa L. varieties only are authorized".
Plant sales and cuttings are prohibited.
"Only active farmers as defined by current European and national regulations may cultivate flowers and leaves from hemp ."
"The sale to consumers of Flowers or raw leaves in any form, alone or mixed with other ingredients, their possession by consumers and their consumption" are prohibited. In other words, Flowers CBD is considered a narcotic product, although the cannabidiol molecule itself is still accepted.
THC levels rise from 0.2 to 0.3%.
Difficult to understand, the THC content permitted in other CBD products has been increased from 0.2% to 0.3%. The hemp products and varieties used to make the solution must also be listed in the common catalog of agricultural plant varieties or in the official catalog of plant species and varieties cultivated in France.
The flowers and leaves of these varieties "may only be harvested, imported or used for the industrial production of extracts from hemp ", explains the order. Thus, only CBD flowers are covered by the ban on sales imposed by this project.
Can this new CBD legislation remain unchanged?
For the moment, it's hard to say. Indeed, despite the CJEU report forcing France to open up to CBD, it is clear that the country is moving in the opposite direction to that requested. The French government, for its part, claims that this decision is justified on public health and order grounds.
According to the executive, it is indeed impossible to know whether the herb seized is rich in CBD or THC. However, in Switzerland, law enforcement agencies currently have the tools to determine whether the cannabis seized or tested is THC or CBD cannabis, in a matter of seconds.
What is the impact of this decision?
At this stage, it's hard to say. The Syndicat professionnel du hemp (SPC) has confirmed that an appeal will be lodged, temporarily blocking this treaty. In the meantime, professionals are left wondering what to do. It is estimated that there are around 2,000 CBD shops in France. Each of these stores employs 2 to 3 people who, if this law were to be passed and upheld by the French and European courts, could find themselves out of a job.
What we need is for the political authorities to take a leaf out of other countries' book. In Belgium and Luxembourg, for example, Flowers CBD is classified as a "smoking product". They are therefore taxed by the State at a rate of 50%. In deciding to act in this way, France is therefore forgoing revenue that could be very significant, given the booming CBD market.
What's the situation at European level?
Compared to the rest of the European Union, France appears to be the "ugly duckling". The country is moving backwards on the issue, while other nations are clearly moving forward on the subject of therapeutic or even recreational cannabis, such as Luxembourg, Spain, Italy and Germany. The next few weeks are going to be important for the government, but also for CBD professionals, who hope to avoid having to close their doors.
What about therapeutic cannabis?
With Flowers CBD banned, what will happen to THC-rich solutions, to be used for therapeutic purposes only? In France, a major consultation is currently underway, and no one knows whether therapeutic cannabis will be authorized in the years to come. The only certainty is that, if it is, what will happen to Flowers cannabis to be consumed by vaporization? Could this recent decision have an impact on the conclusions of this major study?
K-Lab, a partner focused on legal products
In our CBD Shop, you'll find a selection of the best cannabidiol products on the market. These comply with all the legal criteria imposed by the French and European courts. You'll find only solutions with a CBD content of less than 0.3%, in full compliance with the law. For further information, please do not hesitate to contact our teams. We remain at your entire disposal.
The decree, finally rejected by the Conseil d'État
Since the announcement of this forthcoming decree, the Conseil d'État has finally decided to retract the government's announcement published in the Journal officiel. " The Conseil d'État's interim relief judge considers that there is serious doubt as to the legality of this general and absolute prohibition measure, due to its disproportionate nature," states the Conseil d'État in its ruling, putting an end to speculation. Excellent news for all CBD producers and retailers.
