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While the government had banned by decree the marketing of CBD flowers at the end of December, the Council of State has just announced its suspension.
On January 24, the Council of State suspended the government decree dating from the end of December which prohibited the marketing of CBD flowers, a non-psychotropic molecule of cannabis to which relaxing properties are attributed. This text had been published in the Official Journal, to put an end to the sale of flowers or raw leaves. He thus specified that “the sale to consumers of raw flowers or leaves in all their forms, alone or mixed with other ingredients, their possession by consumers and their consumption” was prohibited.
Prohibition challenged
This ban had been criticized by industry players, including companies that market CBD. They therefore chose to challenge this decision by way of lawyers before the Council of State, and won their case. The latter stipulates in the press release recording his decision that indeed, “it does not appear, at the end of the contradictory investigation and the exchanges which took place during the public hearing, that the flowers and leaves of cannabis sativa L. whose THC content is less than 0.3% would present a degree of harmfulness to health justifying a measure of total and absolute prohibition: this threshold is precisely that retained by the contested decree itself to characterize the cannabis plants authorized for cultivation, import, export and industrial use”.
Relief for traders
The decision of the Council of State has signed the return to the shelves of shops selling these cannabis-derived products. Several of them also expressed their relief at the announcement of the decision. And although “the judge in chambers of the Council of State considers that there is a serious doubt about the legality of this general and absolute prohibition measure because of its disproportionate nature” , remember that this is a provisional decision. A simple suspension, pending the examination on the merits of the contested decree.
According to the professional hemp union (SPC), there are 1,600 CBD shops in France and the sector generates around one billion euros in turnover, two-thirds of which come from the marketing of flowers and raw leaves. .