CBD: the battle is far from over

After the kannavape judgment of the Court of Justice of the European Union (CJEU) of 2020 and several positive decisions of the Court of Cassation, the battle is far from over. The decree of December 30, 2021 finally gave the CBD a legal and legal status but the battle is far from over. Consequently, cultivation, extraction and sale on French territory are authorized with a maximum THC content of 0,3% in the plants and the final product.

But the cannabis legal battle isn't over yet. Indeed, the decree prohibits the sale of fresh leaves and flowers. However, they represent around 70% of the French market. The case is still awaiting judgment if the Council of State temporarily lifts this ban following requests for interim freedom and interim suspension filed by most unions in the sector.

Attacked for abuse of power on this decree, the government has just, according to judicial sources, to reply. He has published a memoir of around twenty pages in which he puts forward new arguments to have raw flowers and leaves banned definitively. It would be a question of several international legislations which consider as narcotic any raw part of the cannabis plant. Other arguments put forward: the inevitable presence, in proportions that are difficult to control, of THC in the plant, and the effects of this molecule on the body, even at very low concentrations.

The lack of scientific data concerning cannabinoids other than CBD and THC is also mentioned, as are the harmful effects of combustion, the authors of the brief estimating that the flowers and leaves are mainly consumed by smoking, even when they are sold as herbal tea. If, according to several sources, the final judgment should not intervene, for obvious political reasons, before the presidential election, it could be delivered earlier than expected, as early as this summer.