Is CBD legal?

Cannabidiol, commonly known by the acronym CBD, is a component of hemp with numerous benefits for the body. The product has been used for therapeutic purposes for several centuries. Its virtues are proven by Science and recognized by the WHO. But is CBD legal?

The characteristics of CBD

CBD is a non-psychotropic cannabinoid that has various beneficial properties for the body. This natural product has been the subject of specialized scientific studies for several years. These studies aim to demonstrate its health benefits. Cannabidiol would notably be:

• pain reliever: CBD would act on the receptors of the endocannabinoid system to significantly reduce the sensation of pain;
• anti-inflammatory: the cannabidiol molecule would act on the immune system to limit or even prevent inflammation;
• calming and anti-stress: CBD is recommended by specialists to treat psychological disorders and sleep disorders. Indeed, the substance would regulate the functioning of the nervous system and promote the secretion of hormones responsible for well-being, good mood, and the connection between body and mind;
• anti-emetic: CBD would also regulate the functioning of the digestive system. The product notably calms contractions in the small intestine. It thus combats nausea and vomiting;
• antiseptic: CBD would eliminate microbes present in the body.

Furthermore, scientific studies demonstrate the potential of cannabidiol to inhibit the development of tumors and cancers. Specialists continue their research to reveal other benefits of CBD.

Moreover, unlike Tetrahydrocannabinol (THC), which is the main component of hemp, CBD has no euphoric effects.

What does French law say about CBD?

French law authorizes the production, sale, and consumption of CBD. However, legislation has undergone significant changes over the years. Indeed, the use of CBD in France was governed by the decree of 22 August 1990 until 30 December 2021. This Law authorized the production, marketing, and consumption of Cannabidiol for therapeutic purposes. It establishes the following restrictions :

• the THC level in CBD products must not exceed the threshold of 0,2 %. Beyond this legal limit, THC can cause euphoria;
• only the fibers and seeds of CBD plants may be exploited;
• products and extracts must come exclusively from Cannabis Sativa L.. This is the only variety of hemp authorized for cultivation within the European Union.

The legal THC level in Cannabidiol products authorized for sale and consumption in France has undergone a significant change. Indeed, the decree of 28 July 2018 reduces the limit of THC in CBD products to 0,2 %. This standard applies only to CBD plants. Derived products were required to contain no trace of THC.

Furthermore, the decree of 30 December 2021 strictly prohibits the exploitation of CBD leaves and flowers. However, this prohibition was lifted on 24 January 2022. In addition, on 29 December 2022, the Council of State officially announced the legalization of CBD in all its forms subject to current regulations, namely:

• the THC level below 0,3 %;
• the exploitation of Cannabdidiol for therapeutic or wellness purposes;
• the use of flowers, leaves, fibers, and seeds of CBD hemp.

Penalties provided in case of non-compliance with CBD regulations

Warning, a CBD product with a THC content exceeding the legal limit of 0,3 % can cause psychoactive effects. The product is therefore considered a drug. Production and trafficking of narcotics are punishable by 20 years, or even 30 years of criminal imprisonment and a fine that can amount to 7 500 000 Euros.

Furthermore, in case of a positive test following a drug check while driving, the person concerned risks 2 years of imprisonment and 4 500 Euros fine. French law also provides for the deduction of 6 points from the driving license.

Are there CBD tests in France?

Cannabidiol is a risk-free product legalized throughout France. Authorities therefore have no interest in conducting tests to detect the presence of CBD in blood, in the saliva or in the urine. However, there are cannabidiol tests. These tools are mainly intended for scientific experiments.

Nevertheless, a drug test can be positive after consuming CBD. This is particularly explained by a high THC level, exceeding current legal regulations. Thus, the consumer faces the penalties provided by law in case of drug consumption.

In summary, CBD is legal in France and in several European countries. In these states, specific regulations govern the exploitation of Cannabidiol products. Non-compliance with applicable standards is punishable by severe penalties, including a fine that can amount to 3 750 € and 1 year of imprisonment.