France is considering raising the legal THC limit to 1%.
The French National Assembly proposes dropping the exclusion of small amounts of THC in final products
Current French legislation prevents the hemp industry from developing normally in the country. To unblock the situation, a report entitled “Wellness Hemp” has been presented to the French National Assembly, with the aim of regulating the market for CBD products in France.
Update! After years of legal skirmishes, as of 29 December 2022 France has legalised the sale of CBD in all its forms. You can now buy CBD flower, CBD oil and CBD creams, as well as all kinds of cannabis derivatives with less than 0.3% THC. Bear in mind that in some countries, such as the UK, hemp flower is controlled even when its THC content is low. Find out more in our dedicated post:
In this article we report on the news and set out the main points of the proposed reform. It is undoubtedly a very important step forward for the normalisation of hemp, the regulation of its use, and for freeing the plant from the stigma and prejudice that hinder the growth of a booming industry in France.
What does French law say about hemp?
French law prohibits the use or possession of cannabis. It is one of the strictest European countries when it comes to hemp, as its ban does not even distinguish between possessing hemp for personal use and possessing it for trafficking. Paradoxically, despite its strict legislation, France remains a major producer of hemp and cannabis.
In early 2021, the French National Assembly published a new report entitled “Wellness Hemp”. It is a document its ad hoc committee worked on during 2020, with the aim of calling for more flexible regulation that will ensure the growth of the French CBD market.
Ideas from the document on CBD presented to the French National Assembly
In short, the Committee calls on the national authorities and European countries to overcome their fears about cannabinoids, and hopes for decisive support for the French hemp industry.
The European Industrial Hemp Association (EIHA) has welcomed the proposals, highlighting the permission to harvest and process the flower, the increase in the permitted THC level for hemp growing to 1%, and the inclusion in the CosIng database of new entries for natural hemp extracts from all parts of the plant.
The French CBD market could start to thrive
Below we go through the 20 decisive proposals put forward for the growth of the French CBD market, and the most relevant points of each of them:
- Complete the revision of the decree of 22 August 1990 to secure the emerging wellness hemp sector, in particular through the following three areas:
- Delete the words “fibres and seeds” from Article 1 of the order of 22 August 1990, and have it expressly record the authorisation to grow, import, export and use all parts of the hemp plant for industrial and commercial purposes, including the flower.
- Abandon the 0% THC threshold for finished products. Incorporate specific THC thresholds into national regulations as soon as possible for each category of finished product that may contain CBD (food, e-liquids, cosmetics). These thresholds are to be defined according to the toxicity doses estimated by ANSES.
- Set a relevant threshold for authorised THC in hemp crops in France, between 0.6% and 1%, together with an exceptional rate of 1% for overseas territories located in warm latitudes.
The Assembly is calling for THC levels in crops to be raised to between 0.6% and 1%, with 1% in the overseas territories.
Proposals to support the “wellness hemp” industry
- Delete Article 2 of the decree of 22 August 1990 and group the authorisations of hemp varieties within the sole ministerial orders adopted under Decree no. 81-605 of 18 May 1981, to speed up the registration process for new varieties.
- Extend the national catalogue to the most relevant hemp varieties in the European catalogue.
- Swiftly authorise national and local hemp producer organisations to carry out variety trials to better define the supply needs of the future national wellness hemp sector. To this end, amend the first paragraph of section II of Article R. 5132-86 of the Public Health Code so that it recognises research projects focused on exploiting new varieties for industrial purposes.
That national organisations be swiftly given all the facilities needed to develop hemp flower growing.
- Place CBD flower under the status of “herbal smoking product other than tobacco” and, to that end, provide the inspection services with high-throughput testing tools that can accurately distinguish the respective CBD and THC levels in hemp flower.
That hemp flower be classed as “herbs for smoking”.
Proposals to facilitate the CBD market at European level
- Make sure the European Commission draws all the consequences of the “Kanavape” ruling by amending the CosIng catalogue and resuming the examination of the authorisation applications submitted for CBD under the Novel Foods procedure.
- Open a discussion with the other Member States of the European Union to reach authorised THC limit levels. For food products, complete the work begun within the Standing Committee (SCOPAFF).
- Obtain permission from the European Commission to use specific health claims for CBD in food products and supplements.
Regulatory proposals on novel foods
- Encourage large French companies in the food and food supplement industry to submit applications to the European Commission as soon as possible to obtain, with data exclusivity, the right to market CBD products as Novel Foods in the European Union.
- Set up a system to support small and medium-sized enterprises in the novel food authorisation procedures they would like to carry out for CBD products. A support system for SMEs.
Marketing CBD products as Novel Foods in the European Union.
Proposals of general interest to strengthen the sector at national and European level
- Encourage the structuring of a “wellness hemp” sector around, in particular, the hemp professional union and InterChanvre, to strengthen the defence of professional interests at national and European level.
- Ensure that the network of tobacconists is widely involved in distributing CBD smoking products.
- Invite French public research institutions to improve knowledge of CBD's contribution to reducing THC dependence and its harmful effects on the body.
There is a disproportionate fear of hemp being misused.
Proposals on the health regulation of CBD products
On consumer protection, the Committee proposes that it be based on the existing rules on preventing product misuse and on health “surveillance”. However, it proposes strengthening the existing framework to protect people at risk, such as minors and pregnant women. In addition, the Committee proposes legal reform and education for drivers who might use products containing THC:
- Define non-binding recommended daily intakes (RDIs) for CBD consumption and state them on product packaging, along with warnings about the currently known risks to human health.
- Exclude people at risk (children and pregnant women) from CBD products.
- Raise awareness among the bodies involved in cosmetovigilance and nutrivigilance (manufacturers and health professionals) of the importance of reporting possible adverse effects of CBD cosmetics and food supplements.
- Ensure that CBD smoking products (vaping products and, where applicable, flower) are subject to rules with similar content, imposing specific health warnings and banning all advertising as well as sales to anyone under eighteen.
Proposals on preventing the misuse of CBD products
- Continue to penalise promotional activities that may act as an incentive, even if they are not followed by the use of narcotics.
- Step up action against producers and distributors who make therapeutic claims about CBD products.
- Increase the prosecution of companies that make misleading advertising claims about miraculous effects that CBD might produce.
- Amend the highway code to align the law on driving under the influence of narcotics with the law on drink-driving. Set maximum CBD consumption levels beyond which driving is completely inadvisable.
Stigmatisation of hemp
In its report, the French Committee stresses that the development of the sector in France is held back by serious legal uncertainty and a certain reluctance on the part of the public authorities, both national and European. In its words, this reluctance stems mainly from the disproportionate fear of misuse of a molecule extracted from hemp flower and needlessly slows the growth of a market in which France could gain a dominant position in Europe.
The French CBD market could start to thrive
With its ruling, the Court of Justice of the European Union forced the French authorities to start unblocking the situation. The Government can no longer make do with a 1990 decree that sets out exemptions from the general ban on the use of cannabis products, the Committee concludes. They have called for broader action on the legal aspects that may apply to CBD products, while recommending the roll-out of an information, evaluation and monitoring system aimed at reassuring consumers about product safety.
In particular, they asked the Government to definitively drop the 0% THC threshold in final products and to set specific national THC thresholds for each category of finished product. A threshold of between 0.6% and 1% authorised for hemp crops could now be set and unified nationally. This could represent a major legal breakthrough for the French CBD market.
Until the end of 2021, the Interministerial Mission for Combating Drugs and Addictive Behaviours (MILDECA) only allowed CBD products with THC levels of 0.2% or less, and the products had to be made from approved types of hemp plant (low in THC).
France has launched a public consultation on cannabis legislation
Despite having some of the strictest cannabis laws on the continent, a group of MPs has decided to launch an innovative initiative to change the terms of the debate on cannabis legislation. The French CBD market could start to flourish after the ruling of the Court of Justice of the European Union in November 2020, which drove this legislative reform. France already has the highest cannabis consumption in Europe, yet it remains illegal for medical or adult use.
On 13 January 2021, the French National Assembly launched a public consultation on legalising cannabis for adult use. Its main aim is to make the French political class more open to the idea of legalising cannabis. The consultation was open until 28 February 2021 and had more than 200,000 respondents.
The open consultation closed on 28 February 2021 and the official results were published on 1 March 2021. The open consultation seeks to understand more precisely the French population's views on cannabis, as well as which government policies on the subject citizens want. The public consultation on cannabis will examine the risks it poses to public health, the consequences of illicit trafficking and other security issues. The main aim of the consultation is to promote cannabis reform at national level.
In addition, France has started its first medical cannabis trial. Tilray and other major cannabis companies have been contracted to supply medical cannabis products to more than 3,000 patients for the duration of the clinical trial.
The findings were published in a report in May 2021. Although the results of this parliamentary survey are unlikely to lead to immediate changes, we hope the findings will be used to promote cannabis reform in France.
