This is a big win for CBD professionals. The Council of State suspends the ban on the sale of cannabidiol flowers, wanted by the government. This decision of the highest French administrative court allows the 2000 CBD product stores to sell hemp flowers again, legally. Why did the judge make this decision?
The order threatened “seriously and immediately” CBD sellers
Several unions and hemp lobbies have put forward “economic emergency” in front of which they have been since the publication of the decree. The Shyw company, which manages The CBD House brand, even highlighted ” a risk of bankruptcy in the very short term” during the hearing.
The Council of State has obviously heard their arguments. ” The contested decree prejudiced by seriously and immediatee to the situation of its members, by forcing them to destroy their inventory of hemp flowers and leaves and depriving them of income representing between 50 and 70 % of their turnover », underlines the report of the judge in chambers.
Because the decree contained too many contradictions
The decree of December 30, 2021 authorizes the CBD extract, but prohibits the flower… even though it is from it that the extract comes. During the hearing, the lawyer for the Professional Hemp Union, Cédric Uzan-Sarrano, made the audience laugh by saying: “The government tells us: ‘Apple juice is allowed. But the apple is narcotic’”. Obviously, his argument hit the mark.
The summary judge does not use the same terms as the lawyer, but the idea is close. According to her, the decree prohibits flowers ” even if their content THC, substance classified as narcotic, is below the threshold of 0.30 %, while this threshold is considered under the I of the same arrested as the one below which cannabis plants sativa L. are devoid of narcotic properties. » In other words: the government has become entangled.
Because it is possible to distinguish between CBD and THC flowers
This was one of the government’s key arguments. According to MILDECA, the “internal security forces […] must be able to simply discriminate between products, in order to determine whether or not they come under the criminal policy for the fight against narcotics”. Translation: police and gendarmes must differentiate at a glance a CBD flower from a THC neighbor. This explains the ban on flowers with a high percentage of cannabidiol.
For hemps and traders, there are quick and cheap tests to differentiate between the two. The Council of State therefore agrees with them. ” It does not result more than iL would not be possible to mobilize the means to control this content, while ofs means of control are detailed, for the entire plant, in the appendix to the order, in order to distinguish hemp leaves and flowers which, due to their very low THC content, could be regarded as devoid of pramazing properties », argues the judge.
She concludes curtly: ” The means taken from this that the general and absolute prohibition measure taken is disproportionate is naturale to create serious doubt as to its legality”.
Because CBD flowers are no more harmful than its extract
Another argument put forward by the executive: CBD flowers are consumed mainly in joints, often with tobacco. And “the risks associated with the smoke route have been established”, according to MILDECA.
The judge once again rejects the government’s argument. ” He does not result from the instruction, on the date of this order, that hemp flowers and leaves whose THC content is not higher thanand at 0.30 % would wear a degree of harmfulness to health justifying a prohibition measure generale and absolute of their sale to consumers and their consumption. »
In summary, CBD flowers are back in store!