The decision reassures the entire CBD industry, a few days after the publication of a decree banning the trade and consumption of hemp flower containing CBD.

The Constitutional Council ruled on Friday that CBD-based products, including flowers, do not fall within the scope of the criteria for defining a narcotic product.

The notion of narcotic designates psychotropic substances which are characterized by a "risk of dependence" and "harmful effects on health", considered the judges in their decision, in response to a priority question of constitutionality (QPC) posed by the 'Association of Cannabinoid Producers.

The Constitutional Council rejected his request but took the opportunity to retain two cumulative criteria making it possible to qualify a product as a narcotic: “addiction” and “harmful effects to health”, explains Me Scanvic, the applicant's lawyer.

Europe and WHO believe CBD is safe

These two “essential criteria fill a void left by the law”, analyzes Yann Bisiou, lecturer at the University of Montpellier and founder of the L630 association which defends a reform of public drug policies in France. From now on, "we will argue that these criteria are not met concerning the CBD", he assures, specifying that the Court of Justice of the European Union or the World Health Organization converge towards an "absence of risks ”of the molecule.

The European judges recalled in 2020 that unlike tetrahydrocannabinol (THC), this cannabis molecule with psychoactive effects, CBD cannot be considered as a narcotic, having "no psychotropic effect or harmful effect on human health ”.

"Scientific studies have shown that CBD acts in the brain on dopamine and serotonin receptors, thus making it a full-fledged psychoactive product", ruled on the contrary the Interministerial Mission for the fight against drugs and conduct addictive on December 31, notably evoking possible effects of “sedation and drowsiness”.

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Society

CBD: Government bans sale of raw flowers or leaves

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