Vive La CBD Revolution: The French Ground War on Regulated CBD

High Times

As with many things in the cannabis revolution, there are moments when achieved reform or market creation feels bittersweet. Certainly, most within this industry, having attained a hard fought and well-deserved, even litigated, or legislative victory have also had the experience of realizing that such a development is both a step forward but also two back.  Thus is the case in France right now. On one hand, the order by the French Ministry of Solidarity and Health, issued on December 30, 2021, implementing Article R.5132-86 of the Public Health Code is a victory for the industry. In direct response to the KanaVape case, where the European Court of Justice decreed that imported CBD sold in France (and produced elsewhere in the European Union (EU)) was legal and by extension that the cannabinoid was not a narcotic, the French government has essentially enshrined an EU decision into French law. Namely, that CBD can be sold and further that it is clearly not a narcotic. However, it is what forms that cannabis could be available to consumers that are creating consternation if not a direct rebellion from some in the industry. The Basics Here is what the new order does. It legalizes the CBD industry and products. Here is the bad news. It specifically bans the retail sale of cannabis flower. This includes the smokable and tea varieties. The positives? This development means that the purveyors of any CBD containing product that has been certified in the required regulatory pathways are finally in a position where there is a legal market for their products.  No French police raids on grocery stores for CBD cookies loom in the horizon as a result.  Merci beaucoup. On the other hand, here is the merde a la mode. The order is devastating to hemp producers and…

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