CBD in France — Legal framework and history

Cannabidiol (CBD) is a non-psychotropic molecule naturally present in hemp (Cannabis sativa L.). Its commercialization in France is governed by national and European texts that have evolved since 2018, notably the CJEU Kanavape ruling (2020) and the Conseil d'État decision (2022).

What is CBD?

Cannabidiol (CBD) is one of the principal cannabinoids found in hemp ( Cannabis sativa L. ). Unlike tetrahydrocannabinol (THC), CBD has no narcotic effect and is not listed as a controlled substance under EU law (CJEU Kanavape ruling, 19 Nov 2020).

⚠️ This article is informational and does not constitute medical advice. CBD is not a substitute for medical treatment, and its health effects remain under scientific investigation.

French regulatory timeline

2018-2020: gray area

Before 2020, CBD commerce in France operated in a legal gray zone. Early shops opened without a clear framework, and customs seizures were frequent.

19 November 2020: Kanavape ruling (CJEU)

The Court of Justice of the European Union issued the Kanavape ruling (Case C-663/18), establishing that:

- CBD is not a narcotic under EU law; - Member States cannot prohibit the commercialization of a product lawfully manufactured in another Member State, unless they demonstrate a real public health threat.

This ruling secured the European industry.

30 December 2021: Ministerial decree

The French Ministry of Solidarity and Health issued a decree setting:

- Maximum THC level at 0.3 % in hemp products (previously 0.2 %); - Authorization to use the plant (fibers and seeds); - Prohibition of selling raw flowers and leaves to the public.

29 December 2022: Conseil d'État decision

The Conseil d'État (decision n°444887) annulled the prohibition on the sale of flowers and leaves provided by the 2021 decree, deeming it disproportionate.

Since this decision, the sale of CBD flowers and leaves containing ≤ 0.3 % THC has been authorized in France.

2023-2025: industry structuring

The hemp-for-actives industry structured itself: creation of unions (AFPC), emergence of dedicated marketplaces, development of systematic lab analyses.

15 May 2026: DGAL control plan

The DGAL issued a control plan targeting food products derived from hemp, prompting a response from the industry (see 2026 DGAL control plan).

EU Novel Food framework

At European level, food products derived from hemp are subject to the Novel Food regulation ((EU) 2015/2283). The status of high-CBD hemp extracts under Novel Food has been the subject of ongoing legal debate since 2019.

Key distinctions

Different product categories have different legal statuses:

- Hemp flowers and leaves (THC < 0.3 %): commercialization authorized since the 2022 Conseil d'État decision; - Natural CBD oils and extracts : governed by the Novel Food regulation; - Synthetic CBD : case-by-case authorization; - Novel synthetic products (NSP) : recent molecules (HHC, H4-CBD…) whose legal status evolves rapidly. Not to be confused with natural farm-grown CBD.