CBD in Germany vs France: the flower paradox in 2026
Germany legalised cannabis for adults on 1 April 2024, and CBD gained little from it. The law still requires hemp on sale to rule out any intoxicating use, and the Federal Court of Justice has upheld convictions for selling CBD flowers. France is the reverse: cannabis is still a narcotic there, while CBD flowers with no more than 0.30% Δ⁹-THC have been sold legally since December 2022. Both countries ban CBD in food.
- 01Two countries, two opposite logics
- 02Germany: cannabis legalised, CBD still restricted
- 03France: no cannabis, but CBD flowers allowed
- 04CBD food, banned on both sides of the Rhine
- 05Strasbourg, Kehl: what a French resident risks crossing the Rhine
- 06What the market figures say
- 07Frequently asked questions
Key takeaways
- A German adult may keep 25 g of cannabis in public and 50 g at home, and may grow 3 plants.
- CBD hemp escapes those rules only if any intoxicating use is excluded, which leaves the sale of flowers to consumers legally unclear.
- France bans cannabis; compliant CBD flowers have been legal there since the Conseil d'État decision of 29 December 2022.
- One EU regulation keeps CBD out of food in both countries.
- Cannabis bought legally in Germany and carried into France counts as importing narcotics.
Two countries, two opposite logics
Germany legalised cannabis without freeing CBD; France freed CBD without legalising cannabis. The table sets the rules in force in September 2026 side by side.
| Point | Germany | France |
|---|---|---|
| Cannabis for adults | Legal since 1 April 2024 | Narcotic, use punished |
| Possession | 25 g in public, 50 g at home | None |
| Home growing | 3 plants per adult, associations since July 2024 | Banned |
| Hemp THC limit | 0.3%, and intoxicating use ruled out | 0.30% in the finished product |
| CBD flowers in shops | Grey zone, convictions upheld in 2022 | Legal since December 2022 |
| CBD in food | Banned (unauthorised novel food) | Banned, checks since May 2026 |
| Cannabis use | Free within the law's limits | 1 year and 3 750 €, or a 500 € fixed fine |
Germany: cannabis legalised, CBD still restricted
The Cannabis Act (CanG) came into force on 1 April 2024 and removed cannabis from Germany's narcotics law. It divided cannabis between two texts, the KCanG for consumption and the MedCanG for medical use. Under section 3 of the KCanG, an adult may hold 25 g of cannabis in public and, at home, up to 50 g of dried flowers and 3 live plants. Non-commercial growing associations have been running since 1 July 2024.
The definition of cannabis excludes CBD, but the hemp containing it remains subject to a condition. Section 1 of the KCanG treats as industrial hemp, outside these rules, only hemp from certified varieties or with no more than 0.3% THC. Its trade must also serve "exclusively commercial or scientific purposes" that rule out intoxicating use.
The clause predates 2024, and judges apply it strictly. In March 2021, the Federal Court of Justice (BGH) found that selling hemp to consumers was not banned in principle, provided any intoxicating use was ruled out. On 23 June 2022, it upheld the convictions of two Berlin resellers of flowers at 0.2% THC, one of whom got 3 years and 9 months in prison. According to the Court, these flowers release extra THC when heated, in baking for example, so intoxicating use cannot be ruled out. It also rejected the argument drawn from the free movement of goods in the EU.
The clause is still in the text in September 2026, despite calls to delete it. Legally, a CBD flower is therefore more exposed in Berlin than in Paris.
France: no cannabis, but CBD flowers allowed
France went the other way. The decree of 30 December 2021 authorises hemp varieties listed in the official catalogues and caps Δ⁹-THC in extracts and products at 0.30%. It also banned the sale of raw flowers and leaves. The Conseil d'État struck down this ban on 29 December 2022, noting that CBD has no psychotropic effect. Compliant flowers and resins are therefore on open sale; in the catalogue they fill the CBD flowers and resins, hash and pollens categories. Our article on the decree and how the courts overturned it tells the story.
Cannabis is still a narcotic, and using it is punishable by one year in prison and a 3 750 € fine. Since 20 August 2026, the fixed fine that can replace prosecution has been 500 €. Our article on the legal THC level explains the 0.30% limit and how it is measured.
CBD food, banned on both sides of the Rhine
Here a single text applies to both countries: Regulation (EU) 2015/2283 on novel foods. Germany's Federal Office of Consumer Protection and Food Safety (BVL) says it is aware of no case in which CBD in a food would be marketable, since CBD is an unauthorised novel food.
In France, after a control plan launched on 15 May, the Ministry of Agriculture stated on 20 May 2026 that foods containing CBD are illegal and must be withdrawn from the market. Oils to swallow, gummies, drinks and chocolates with CBD have left the shelves, as our article on the withdrawal of CBD gummies explains. The rule spares only hemp seeds, their oil and leaves meant for infusion.
Strasbourg, Kehl: what a French resident risks crossing the Rhine
The law changes from one end of the Pont de l'Europe to the other. Cannabis bought legally from a German association is still a narcotic once in France. Bringing it back counts as importation, which article 222-36 of the Penal Code punishes with 10 years in prison and a 7 500 000 € fine. German associations only admit adults whose home or habitual residence is in Germany anyway.
Conversely, a CBD flower that complies with French law has no guaranteed status in Germany, for the reasons given above. Behind the wheel, a legal product does not protect you. In France, the Court of Cassation ruled on 21 June 2023 that driving after drug use is an offence whatever the dose detected. Our guide to travelling with CBD sets out the rules country by country, and our articles on Switzerland and Belgium cover two other neighbours.
What the market figures say
Comparisons of the size of the two markets circulate often, rarely with a source. For France, the verifiable figure comes from Xerfi, which puts CBD revenue in France at 600 million euros in 2023. We found no reliable public source that ranks European markets against each other. Nothing therefore supports the claim that France is "Europe's second-largest market behind Germany".
In 2019, the EU drugs agency drew up an inventory of the products offered country by country. CBD flowers, resins, e-liquids and crystals were then on sale in France as well as in Germany, after a spread that started in Austria and Italy. Court rulings later pulled the two markets apart.
Frequently asked questions
Under German law, CBD does not count as cannabis. The hemp that contains it escapes the rules only if its trade excludes any intoxicating use, however, and in 2022 the Federal Court upheld convictions for selling flowers. CBD foods are banned, as in France.
No, not legally. No shop sells it: it comes from home growing or from an association reserved for residents. Bringing it back to France would also be importing narcotics.
The two countries' judges decided differently. In 2022, the Conseil d'État held that a general ban was unjustified, since CBD has no psychotropic effect. The German Federal Court requires any intoxicating use to be ruled out, and it found that impossible for flowers.
No. Without EU authorisation, CBD foods and supplements have been off sale since May 2026. CBD flowers, resins and cosmetics are still sold.
No, criminal law stays national. The only shared text is the EU novel food regulation, which bans CBD food in both countries.
Written by the Phytogrammes team
Each journal article draws on cited primary sources: ANSM, EFSA, EUR-Lex and peer-reviewed publications. Product profiles are distinguished from documented laboratory results. Our approach.
Article published on . CBD is not a medicine.