16/05/22
The cannabis law in France has been in the spotlight for a while now. The law has been in place since 1970 and is still in effect today. The law on cannabis in France is very strict and has been for over 50 years. In fact, you could be sentenced to one year in prison for the simple possession of 10 grams of marijuana or less. The penalty for smoking marijuana is even worse: up to three years in prison and a fine of €37,500 (about $42,000). for the first time, you are caught. The penalties for selling and growing marijuana, even for personal use, can be much more severe. The cannabis law in France can apply to either foreign nationals or French nationals. The law was imposed on foreigners because the French government is concerned about drug trafficking. The current laws on cannabis in France are defined by the Penal Code and the Public Health Code.
There is no secret that the French government is not really a fan of CBD. The reason is that CBD is still almost systematically associated with marijuana, even if many varieties of hemp are now EU certified and devoid of psychotropic effects. The law evolves slowly, knowing some reversals in passing, but always agreeing on the fact that the CBD molecule is totally legal.
On December 30, 2021, the Mildeca (Interministerial Mission for the Fight against Drugs and Addictive Behaviors) published a notice announcing the implementation of a new regulatory framework. Its objective is clearly stated: to ensure the protection of consumers and fight against drug trafficking, while promoting the development of cultivation, industrial production and marketing of hemp extracts.
These are major advances and should provide interesting economic benefits for CBD hemp producers while meeting the needs of CBD consumers in terms of local production, quality and price.
Certain varieties of cannabis, without narcotic properties, can be used for industrial and commercial purposes under certain cumulative conditions:
The Council of State has suspended the ban on the sale of raw CBD leaves and flowers from authorized varieties, citing the disproportionate nature of this general ban. Consumers therefore remain within their rights when purchasing CBD flowers for hemp infusions.
In November 2020, the European Court of Justice issued a ruling that cannabidiol extracted from the cannabis plant should not be considered a drug under the 1961 United Nations Single Convention on Narcotic Drugs.
The 1961 UN Convention is the basis for national drug control laws governing cannabis. It stipulates that the unauthorized sale of "cannabis flowers" and "cannabis extracts and tinctures" should be subject to criminal sanctions, which has been taken up in the EU Council Framework Decision 2004/757 on penalties for drug trafficking. These flowers and extracts contain several different cannabinoids, the concentrations of which can vary considerably depending on the variety of the plant and the cultivation technique. The two most studied cannabinoids are tetrahydrocannabinol (THC) and cannabidiol (CBD). While THC is known to be the main psychoactive component of cannabis, the World Health Organization's Expert Committee on Drug Dependence recently concluded that CBD "poses no risk of abuse or dependence."
In November 2020, the European Court of Justice issued a ruling that cannabidiol extracted from the cannabis plant should not be considered a drug under the 1961 United Nations Single Convention on Narcotic Drugs.
The 1961 UN Convention is the basis for national drug control laws governing cannabis. It stipulates that the unauthorized sale of "cannabis flowers" and "cannabis extracts and tinctures" should be subject to criminal sanctions, which has been taken up in the EU Council Framework Decision 2004/757 on penalties for drug trafficking. These flowers and extracts contain several different cannabinoids, the concentrations of which can vary considerably depending on the variety of the plant and the cultivation technique. The two most studied cannabinoids are tetrahydrocannabinol (THC) and cannabidiol (CBD). While THC is known to be the main psychoactive component of cannabis, the World Health Organization's Expert Committee on Drug Dependence recently concluded that CBD "poses no risk of abuse or dependence."
Like many other European countries, the French population has a weakness for cannabis. The country's statistics reveal that approximately 13 million citizens have experienced the psychotropic effects of THC, and 1.2 million use it regularly.
That said, France has one of the least progressive cannabis laws on the continent. The cultivation, sale, possession and consumption of cannabis are all illegal. Until recently, cannabis use carried fines of up to €3,750 and a one-year prison sentence. However, recent legislative changes have softened the blow by reducing fines to a maximum of €200.
Cannabis cultivation in France is a different story and comes with extremely severe penalties. Depending on the extent, fines can reach sums of up to 7.5 million euros and prison sentences of up to 20 years. Although very few growers have received the maximum penalties, even those who grow for personal use face legal consequences.
In principle, production, manufacturing, transport, import, export, detention, supply, transfer, acquisition or use of cannabis (plant and resin) and THC are prohibited.
Nevertheless, exemptions exist and medical use is authorized :
Any cannabis-based medicine must obtain a MA or ATU which is granted according to scientific criteria of quality, safety and efficacy like any other medicine. If the Health Agency deems it appropriate, a treatment protocol can be established by the ANSM and the MA holder, in order to evaluate the side effects, the efficacy of the drug and the data on the target population.
Authorized drugs containing THC will require a medical prescription. Moreover, as cannabis-based medicines are considered as narcotics, the prescription procedure is stricter.
