A lengthy national court case on hemp flowers and leaves in France has ended with a ruling by the Council of State and with some positive implications for the CBD industry. The Council of State declared that CBD, which has no psychotropic effect and is not addictive, cannot be considered a narcotic, and therefore the general and absolute ban on sales of cannabis flowers and leaves imposed in December 2021 was disproportionate.
The French government annulled the general ban on parts of the hemp plant with a THC content of less than 0.3%. Marketing of raw cannabis flowers and leaves containing CBD and only traces of THC are therefore no longer generally prohibited in France, as CBD is not a narcotic drug.
Specific national legislation may restrict the marketing of cannabis flowers or leaves in other EU Member States.
However, the use of CBD-containing flowers, leaves or extracts thereof in food continues to be classified as novel food in the EU. Only a few cannabis products, such as hemp seeds or oils and flour derived thereof do not fall in the scope of the Novel Food Regulation. These food products typically contain no relevant levels of CBD and have a history of safe use as food in the EU. Therefore, they do not require a pre-market authorization as novel food.
If you are unsure if your product is considered novel please get in touch. Our novel food experts will be happy to help.