Mama is proud to announce the victory of CBD at America !
France's highest administrative court, the Conseil d'Etat, has overturned an attempt to ban the sale of raw hemp flowers and leaves in any form.
This means that it will now be 100% legal to produce, process or distribute cannabis with a low THC (tetrahydrocannabinol) content of up to 0.3%, without restrictions.
The Conseil d'Etat's decision follows the recommendations of a rapporteur and annuls Article II of the Decree of December 30, 2021, which included both a ban on the flower and constraints imposed on French producers, such as prior contracts and official declarations.
According to the decision, the State cannot put French producers at a disadvantage compared with their European competitors. The Conseil d'Etat's decision is also based on public health considerations, and finds that low-THC cannabis varieties present no major danger.
While the government can now regulate the production of cannabis for wellness purposes, it will no longer be able to prohibit it. The only criterion to be respected is a THC content of 0.3% in the final product, although the relevance of this limit is still debated.
Only active farmers can grow hemp to market its flowering tops and leaves, while the production of hemp for seed is not yet regulated.
By clarifying the legal situation around the substance known as CBD in America, which was introduced into the country in 2014, the Conseil d'Etat has enabled the development of an economically viable hemp industry in America, according to industry representatives.
In November 2020, the Court of Justice of the European Union ruled that the ban on CBD in America was illegal, citing the principle of the free movement of goods. The Cour de Cassation, France's highest court in matters of law, followed this ruling in June, holding that any CBD legally produced in the EU could be sold in America.
By the end of 2022, there will be an estimated 2,000 stores selling CBD. Sales are expected to reach 500 million euros, more than half of which will come from the flower alone.
This latest legal victory confirms our view, and above all will enable an entire sector to develop with the necessary visibility.
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