THC threshold for CBD in France: from 0.2% to 0.3%

Hemp (Cannabis sativa L.) and recreational cannabis belong to the same botanical species. What separates them in law is the content of THC, the psychoactive molecule of cannabis. A regulatory threshold makes it possible to distinguish an authorised agricultural crop — industrial hemp and CBD — from a narcotics crop.

Until 2021, France applied a THC threshold set at 0.2% in the cultivated plant, in line with the European regulations of the time on agricultural aid for hemp. That threshold applied to cultivation, with no clear specific regulation for the finished product intended for the end consumer.

The European Union raised its own reference threshold to 0.3% under the common agricultural policy, prompting a French alignment via the order of 30 December 2021. That same order, however, introduced a clause prohibiting the sale to consumers of raw hemp flowers and leaves, even where compliant with the THC threshold, which provoked strong opposition from the French CBD sector.

Petitioned urgently, the Conseil d'État suspended this ban on the sale of flowers by an interim order of 24 January 2022 (no. 460055), holding the interference disproportionate. On 29 December 2022, the court definitively annulled that part of the order (no. 444887), confirming that the sale of CBD flowers and leaves compliant with the THC threshold is legal in France. Our article on the 2026 CBD regulations looks at the most recent developments in the legal framework.

The 0.3% THC threshold now applies to the finished product sold to the consumer, and no longer only to cultivation. A CBD product exceeding this threshold is regarded as a narcotic product, whatever its CBD content otherwise. Checking this threshold on a product's certificate of analysis remains the most reliable reflex before buying.

What is the legal THC threshold for CBD in France today?

0.3% in the finished product, in accordance with the order of 30 December 2021 and the case law of the Conseil d'État.

Why did the threshold go from 0.2% to 0.3%?

To align with the reference threshold adopted by the European Union under the common agricultural policy.

Are CBD flowers legal in France?

Yes, since the Conseil d'État annulled the ban on their sale on 29 December 2022, subject to compliance with the THC threshold.

What happens if a product exceeds 0.3% THC?

It is then regarded as a narcotic product under French law, regardless of its CBD content.