The Court of Cassation looks at CBD regulations

On 18th May, the Court of Cassation examined the regulations governing CBD in France. The verdict, which will be announced in a few weeks, is eagerly awaited. Is this a further step towards cannabinoid recognition in France?

The paradox of CBD in France

The CBD market in France is paradoxical to say the least. In fact, France is the leading European producer of hemp. Additionally, the cannabinoid market is growing, with an increasing number of sales outlets and e-shopping options.

However, the CBD products sold do not come from France. French regulations have fallen behind those in many other countries. Cannabis can be legally sold if it contains less than 0.2% THC. However, while hemp can be grown in France under certain conditions, the flowers and leaves cannot be used or processed, and these are the parts of the plant which contain the most CBD.

This flawed regulation has two implications. The first of these is that products sold in France come from abroad. 

European law against French attitudes

The second is that some CBD sellers have found themselves before the courts for illegal sales of goods, with very variable outcomes ranging from acquittal to conviction. The legal uncertainty surrounding the sale of cannabis has sparked a reaction in some judicial bodies and lawyers defending sellers of cannabinoid products.

The sentencing of two CBD vendors in Marseille to a €10,000 fine and 15 to 18 months in prison led the Aix-en-Provence Court of Appeal to seek the opinion of the Court of Justice of the European Union (CJEU). In November 2020, it ruled that France cannot ban the marketing of CBD legally produced in another European country, nor can it cite unfounded health claims to prohibit the sale of cannabinoids. This European stance led to the release of the Marseille CBD vendors who had been taken to court.

What impact will this have on French CBD regulations?

The European decision was also eagerly awaited by the Court of Cassation, which was called upon in April 2019 in the case of two CBD shops shut down in the Côte d’Or. This cassation appeal will finally be investigated on 18th May 2021. The Court of Cassation’s decision, which will be a precedent, will not be announced for another 4 to 6 weeks.

The defence for this case and the actors in the hemp industry hope that the highest French legal authority’s stance will lead to a clarification of the regulations which promote the growth of the CBD market. Especially as some French courts have already relied on the European justice system’s stance to rule on certain CBD-related cases.

Aurélien Delecroix, president of the syndicat interprofessionnel du chanvre (hemp joint trade union), pointed out that, recently, 3 cases concerning CBD sales in the courts of appeal were acquitted. The precedent set by the Court of Cassation’s stance will lay the foundations for new CBD regulations to promote the growth of this promising market in France.