A lengthy French national court case on hemp flowers and leaves has concluded with a Council of State ruling, which has positive implications for the CBD industry. The Council of State determined that CBD, non-psychotropic and non-addictive, cannot be considered a narcotic. As a result, they found the general and absolute ban on cannabis flower and leaf sales, imposed in December 2021, disproportionate. The French government then annulled the general ban on hemp plant parts with a THC content below 0.3%. Consequently, marketing raw cannabis flowers and leaves containing CBD and trace amounts of THC is no longer generally prohibited in France since CBD isn’t a narcotic drug.
However, specific national legislation may restrict cannabis flower or leaf marketing in other EU Member States.
Moreover, the EU still classifies CBD-containing flowers, leaves, or extracts as novel food. Only a few cannabis products, such as hemp seeds, oils, and derived flours, fall outside the scope of the Novel Food Regulation. These food products typically contain no relevant CBD levels and have a history of safe use as food in the EU, so they don’t require pre-market authorization as novel food.
If you’re unsure whether your product is considered novel, please contact us. Our novel food experts will be happy to help.
