France: Government wants to ban sale of CBD flowers but farmers take legal action

The French cannabidiol industry faces new setbacks with news that the government intends to ban the sale of CBD flowers. The measure could seriously affect the country's hemp industry, where CBD flowers can represent more than half of sales, in a market valued at 180 million euros, announced the BusinessCann. France is the largest European producer of industrial hemp, with around XNUMX physical CBD stores in the country and many other online outlets.

Farmers and producers in the CBD industry promptly responded to the government's intent with a request to the Council of State, the highest administrative court, to suspend the guideline as early as early 2022.

The reasons given for the ban
The government's decision to ban the sale of CBD flowers was justified by the Interministerial Mission to Combat Drugs and Addiction Behaviors (MILDECA, the equivalent of SICAD in Portugal) for “health reasons”. The entity declared that 'the flowers are consumed almost exclusively in joints smoked with tobacco' and that 'many carcinogenic elements come from the combustion of the organic substance'. He also cited “public order” reasons, citing the inability of the police to distinguish flowers with low THC, CBD and other cannabis flowers. However, quick and inexpensive tests are available to differentiate the two. MILDECA further reaffirmed its position that 'products containing CBD cannot, under penalty of criminal sanctions, make therapeutic claims'.

Decision announced on the last day of 2021

The measure was announced on 31 December, when the French government finally ratified the decisions of the European Court of Justice and its own national courts, in the long KanaVape saga, which had brought positive developments to the industry, with French farmers now able to extract CBD from the whole plant and the allowable THC content rising from 0,2% to 0,3%.

The president of the Union of CBD Professionals (UPCBD), Charles Moral, told newsweed that “flowers represent 70% of our store sales. Therefore, we may fear layoffs, closures… all of this, plus the criminal risk for traders and the shares they can no longer sell. ”

New measure could be devastating for farmers

The new decree says that hemp extracts, including CBD, can now be legally produced from the entire hemp plant, including the flower and leaves. With THC and CBD levels linked, a threshold of 0,2% THC can yield around 6% CBD, with 0,3% it can increase to nearly 10% CBD. With farmers being allowed to pick the flowers but not sell them, there was also a backlash on the part of the unions.

François-Guillaume Piotrowski, president of the French Association of Cannabinoid Producers (AFPC), said: “The flower represents 80 to 85% of our sales. The impact is radical. Will companies resist this? No, it's unlikely. We cannot yet quantify the total, but at least 80% of our 280 members want to quit.”

Speaking to Newsweed Aurélien Delecroix, president of the Hemp Professional Union (SPC), warned: “The authorities say that it is not possible to differentiate hemp from CBD from THC. Of course it's possible! There are quick tests to differentiate between CBD and THC. So this will be one of the many arguments that will be presented. ”

In order for the Council of State to suspend the decree, it is necessary to prove serious economic damage, as required by the farmers. In Belgium and Luxembourg, CBD flowers are treated like tobacco, although they are banned in the UK.