France cultivates both hemp and paradoxes.
The leading producer of hemp in Europe, France is also the strictest European country in its use.
Perhaps the least clear also from a legal point of view.
"But things are changing in this area," said Aurélien Delecroix, president of the Professional Hemp Trade Union (SPC), in an interview with France 24.
Tuesday, February 16, the Court of Cassation was seized to rule on the marketing of cannabidiol (CBD) in France.
In the last few years, more and more hemp shops have been popping up in the area.
Specialized in well-being, these new kind of stalls offer CBD products for sale.
This substance from hemp, has no psychotropic effect and does not cause dependence.
The molecule provides relaxing effects distinct from those of tetrahydrocannabinol (THC), the psychotropic molecule with euphoric and addictive effects found in illegal cannabis.
Nathalie Pagé, farmer and pioneer of the CBD https://t.co/My9LZl1IOp #AFP @Phdesmazes pic.twitter.com/7jnTzcUZpN
- Agence France-Presse (@afpfr) February 18, 2021
Problem, to date, French law does not authorize the marketing of CBD.
Farmers have the right to grow hemp on their land, but are not allowed to sell the flowers or leaves of the plant that contain the famous molecule.
Under a 1990 narcotics decree, French law only authorizes the cultivation and marketing of the fibers and seeds of the plant, if their THC content is less than 0.2%.
It is forbidden to ban, according to Brussels
To continue their activities, these stores align themselves with European law.
European justice was indeed seized in 2018 by the Aix-en-Provence Court of Appeal, after two Marseille promoters of the "Kanavape", an electronic hemp cigarette, were sentenced to 18 and 15 months of suspended prison sentence.
Its designers, who claim that their CBD electronic cigarette launched in 2014 is "100% legal" because it respects the maximum authorized rate of 0.2% of THC, have thus referred the matter to the Court of Justice of the European Union (CJEU ).
On November 19, 2020, the CJEU, less restrictive in this area, ruled illegal the ban on CBD decreed in France, unlike other countries on the continent, in the name of the free movement of goods.
She also considered that it had no psychotropic or harmful effect on health, and that it could not be considered as a narcotic or as a medicine.
Since then, the shops of CBD products, encouraged by European legislation, have sprouted like mushrooms on French soil.
According to the SPC, the country has nearly 400, almost four times more than before the summer of 2018 and the wave of closures ordered by the authorities.
In their shelves, there are CBD products in sublingual oils, teas, coffee, herbal teas, sweets, cosmetics, food supplements, e-cigarettes or even flowers, to smoke or infuse. .
A growth market
Its followers find in these new stalls products that allow them to relieve all kinds of ailments: soothe menstrual pain, calm insomnia or simply to relax.
Far from the coffee shops that can be found in Amsterdam in particular, these bright and welcoming shops are more reassuring to attract new customers.
>> To read: Legalization of cannabis in France: an idea that pays off?
The market today weighs 150 to 200 million euros and could reach one billion euros by 2023 if the legal vagueness that surrounds it is lifted, it is estimated on the side of the union.
"The decision of the Court of Cassation will be decisive for the development of activity because the current legislation slows down the market", explains Aurélien Delecroix.
While awaiting his judgment, which must be handed down in March, the association manager is confident.
"The last three cases which were judged on appeal concerning trade in CBD products have not resulted in convictions, continues the association manager. The three defendants have been released, their seized material has been returned to them. Recently, French justice can hardly go against European law. So I'm not worried about the decision of the court of cassation. "
Towards a new regulation
Politically, some elected officials are also trying to move the lines.
A citizens' consultation launched at the initiative of MEPs is open online - from January 13 until February 28 - to get politicians to re-examine the French approach, which is now out of step with that of many European countries.
The consultation has two objectives: to better understand the perception that the French have of cannabis and to know their vision of the future of public policies on this subject.
At the same time, the Mildeca mission, placed under the supervision of the Prime Minister, is also trying to agree on new regulations in coordination with many ministries involved such as Health, Agriculture, the Interior, Justice or even the Economy.
Faced with the reluctance that remains, the entire hemp industry is above all responsible and reassuring for consumers.
"We are not phamarciens, CBD is not a medicine. Nor dealers, CBD is not a drug. It is up to us to make the whole hemp industry adopt good practices to prove that our activity is without risk".
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