CBD (cannabidiol): definition and the French rules in 2026
What is CBD? It is cannabidiol, one of the hundred or so cannabinoids in hemp (Cannabis sativa L.), first isolated in 1940. It does not cause the intoxication of THC and is not classified as a narcotic. In France it can be sold, flowers included since 2022, if it comes from a catalogue-listed variety whose Δ⁹-THC content is 0.30% or less, a ceiling that also applies to extracts. It cannot be sold as a food or with a health promise.

- 01What is CBD? The word, the molecule, the plant
- 02CBD and THC: same plant, two legal statuses
- 03Is CBD a drug?
- 04Where is CBD found, and in what forms?
- 05What are the effects of CBD? What is recognised
- 06What are the risks of CBD?
- 07Is CBD legal in France? The status, framework by framework
- 08The CBD framework in eleven dates
- 09Will CBD be banned in France?
- 10CBD and driving: the residual THC trap
- 11Four misconceptions about CBD, and what the texts say
- 12Frequently asked questions
- 13Sources and dates
Key takeaways
- CBD is one of the main cannabinoids in hemp, and its structure has been known since 1963.
- It does not get you high, but it acts on the central nervous system without causing dependence, according to MILDECA.
- Epidyolex, the only authorised CBD-based medicine, is reserved for three rare forms of epilepsy. A shop product may not claim any health effect.
- Varieties and extracts are capped at 0.30% Δ⁹-THC or less. Foods and supplements containing CBD are not authorised, and checks on them were extended in May 2026.
- The documented risks are drowsiness, possible effects on the liver, drug interactions and mislabelled products.
What is CBD? The word, the molecule, the plant
CBD is short for cannabidiol, a name built from "cannabis" and the suffix "-diol", which refers to the molecule's two hydroxyl (OH) groups. According to PubChem (CID 644019), its molecular formula is C21H30O2, the same as THC's, with a molar mass of 314.5 g/mol.
Hemp makes it in its trichomes, the tiny glands covering its flowers. A review by the pharmacologist Roger Pertwee records that CBD was first obtained from cannabis in 1940 by Roger Adams's team. Raphael Mechoulam's laboratory worked out its structure in 1963, a year before isolating Δ⁹-THC.
The plant does not make CBD directly: an enzyme converts its CBGA into CBDA, the acidic form, which heat then decarboxylates into CBD. See our pages about CBG, CBDA and cannabinoids.
CBD can also be made by synthesis, the French Ministry of Agriculture notes, and the EU novel food catalogue treats synthetic cannabinoids as novel foods. Among plants, as far as is known in 2026, no other plant produces it.
CBD and THC: same plant, two legal statuses
The cannabis high comes from THC activating the brain's CB1 receptor. CBD acts differently. A 2015 cell study describes it as a negative allosteric modulator of the CB1 receptor, meaning it binds to another site on the receptor and dampens the effect of the molecules that activate it.
This receptor belongs to the endocannabinoid system: according to Pertwee's review, CB1 receptors sit mainly on nerve terminals and CB2 receptors on immune cells. CBD has other targets too, and the summary of product characteristics of Epidyolex states that the precise mechanism by which this medicine acts on seizures in humans is unknown. See the differences between CBD and THC.
The label "non-psychoactive" is too simple. In its September 2026 note, MILDECA, the French interministerial mission against drugs and addictive behaviour, writes that CBD causes no dependence but has psychoactive effects because it acts on the "central nervous system". The accurate statement is that it does not get you high: see does CBD get you high?
| Criterion | CBD | Δ⁹-THC |
|---|---|---|
| Intoxication | No | Yes |
| Action on the CB1 receptor | Indirect modulation | Activation |
| Status in France | Not a narcotic | Narcotic |
| Products on open sale | Allowed, variety and extracts at 0.30% or less | Banned above that level |
| Authorised medicine | Epidyolex | Medical cannabis, separate framework |
Is CBD a drug?
Not in the legal sense. CBD is not classified as a narcotic in France, and the Court of Justice of the European Union held in 2020 that it is not a narcotic drug within the meaning of the 1961 Convention. On 2 December 2020, the UN Commission on Narcotic Drugs rejected a WHO recommendation on CBD preparations, some States arguing that CBD was not under international control. In 2022 the Conseil d'État found that it has no psychotropic properties; in 2026 MILDECA and the Ministry of Agriculture describe it as having psychoactive effects. According to the ANSM, a CBD product containing more than 0.30% THC, or a synthetic cannabinoid such as HHC, H4CBD or THCP, is classified as a narcotic. See is CBD a drug?
Where is CBD found, and in what forms?
CBD comes from hemp or from chemical synthesis. MILDECA lists flowers, mostly smoked and impossible to tell apart by eye from THC-rich flowers, vaping liquids, cosmetics and foods (oils, capsules, sweets), the last of which are not authorised. See where CBD comes from and CBD flower.
In trade usage, a full-spectrum extract keeps the other cannabinoids, THC traces included, a broad-spectrum extract removes the THC, and an isolate is purified CBD (full spectrum or isolate, broad spectrum, 99% isolate). In the two dossiers on which EFSA gave its opinion in September 2026, the isolate, at 98% CBD or more, is made by ethanol extraction then crystallisation, and the extract, which contains 57 to 65% CBD, by supercritical CO2 extraction then distillation.
In a pharmacy, CBD to swallow is no more authorised than anywhere else, and Epidyolex is subject to restricted medical prescription. See CBD in pharmacies and, for a manufacturer's document, how to read a certificate of analysis.
What are the effects of CBD? What is recognised
In France, only one CBD-based medicine has received a marketing authorisation, according to MILDECA. Epidyolex, authorised in the EU on 19 September 2019, is prescribed from age 2, in addition to other medicines, for seizures associated with Lennox-Gastaut or Dravet syndrome, together with clobazam, and with tuberous sclerosis complex. See Epidyolex and what the trials measured.
No other CBD product may claim a therapeutic effect, on pain of criminal penalties, MILDECA points out. Medical cannabis falls under a different regime: according to the ANSM, the French medicines agency, enrolment ended on 27 March 2024, and patients still being treated remain covered until three months after the opinion of the Haute Autorité de santé. See medical cannabis, a separate framework.
Is it good to take? For the ANSM, using CBD, even a compliant product, "is not harmless". EFSA's provisional safe level, roughly 2 mg a day for a 70 kg adult, concerns supplements that are themselves not authorised and is in no way a recommended dose (that safe level explained).
What are the risks of CBD?
The documented risks are drowsiness, possible effects on the liver, drug interactions and mislabelled products. In patients treated with Epidyolex, the medicine's summary reports drowsiness and sedation, which alcohol can increase, and dose-related rises in liver enzymes.
CBD is broken down in the liver, mainly by the enzymes CYP3A4 and CYP2C19, and it inhibits CYP2C19 in vitro. If you take any medicine, talk to your doctor or pharmacist (drug interactions, CBD and the liver).
The same summary also advises, as a precaution, avoiding cannabidiol during pregnancy and stopping breastfeeding. In March 2025, the French agency Anses proposed classifying CBD as presumed toxic for reproduction, category 1B, a classification that ECHA's Committee for Risk Assessment backed in March 2026, according to MILDECA (pregnancy and breastfeeding, the reproductive toxicity classification).
Since early 2024, the ANSM has recorded several hundred poisonings linked to products sold as CBD, most often because of THC above 0.30% or synthetic cannabinoids; a 2023 study found 8 products in 10 whose CBD content differed from the label. In a life-threatening emergency in France, call 15 or 112, or text 114 if you are deaf or hard of hearing; for other symptoms, a poison centre answers on 01 45 42 59 59 (synthetic cannabis, recalled batches, side effects of CBD).
Is CBD legal in France? The status, framework by framework
Yes, with conditions: CBD is not a narcotic, but each type of product follows its own text.
| Framework | Status on 20 October 2026 | Text |
|---|---|---|
| Plant and flowers | Catalogue variety at 0.30% Δ⁹-THC or less; flowers on sale since 2022; sale of plants and taking of cuttings banned | Decree of 2021, art. 1 I; Conseil d'État, 2022 and 2025 |
| Extracts, resins and products containing them | Δ⁹-THC at 0.30% or less | Decree of 2021, art. 1 III |
| Foods and supplements | Not authorised | Regulation (EU) 2015/2283 |
| Seeds, seed oil, leaves for infusion | Allowed without added cannabinoids; THC capped, leaves included from 1 January 2027 | Regulations (EU) 2023/915 and 2026/1828 |
| Cosmetics | Pure CBD allowed, THC tolerated as traces | Regulation (EC) 1223/2009 |
| Vaping | Sale to minors banned | Public Health Code, L3513-5 |
| Smoking products | Health warning, no claim of health benefit | Public Health Code, L3514-1 and following |
| Animal feed | No hemp-derived additive authorised | Regulation (EC) 1831/2003 |
| HHC, H4CBD, THCP and derivatives | Narcotics | ANSM, 2023 and 2024 |
| Medicine | Epidyolex only, on prescription | EMA, 2019 |
| Sport | CBD not prohibited, THC prohibited in competition | WADA, 2026 and 2027 Lists |
According to the Ministry of Agriculture, foods containing CBD are not authorised under the novel food regulation, since their safety has not been demonstrated, and as of 10 August 2026 no cannabinoid appears on the Union list of authorised novel foods. Hemp seed oil, when not enriched, therefore has nothing to do with a CBD oil. See what is still on sale in 2026 and the permitted THC level. As for "French CBD", origin is not one of the legal conditions: see French CBD and its labels.
The CBD framework in eleven dates
CBD's status took shape in stages, in Luxembourg, Paris, Parma and Brussels.
- 19 November 2020: the Kanavape ruling (C-663/18) of the Court of Justice of the European Union holds that CBD is not a narcotic drug within the meaning of the 1961 Convention.
- 30 December 2021: the hemp decree limits varieties and extracts to 0.30% Δ⁹-THC or less, and bans the sale of raw flowers.
- 29 December 2022: the Conseil d'État annuls that ban (no. 444887).
- 13 June 2023: the ANSM classifies HHC and two derivatives as narcotics.
- 3 June 2024: the ANSM extends the list to H4CBD, THCP and other derivatives.
- 26 March 2025: the Conseil d'État upholds the ban on selling plants and taking cuttings (no. 489210).
- 9 February 2026: EFSA publishes a provisional safe level of 0.0275 mg per kilo per day, roughly 2 mg for a 70 kg adult.
- 26 March 2026: the EU Scientific Committee on Consumer Safety (SCCS) considers CBD safe in cosmetics up to 0.19%, in a scientific opinion.
- 20 May 2026: the Ministry of Agriculture states that CBD foods are illegal and extends its checks to every one of them.
- 28 July 2026: Regulation (EU) 2026/1828 caps THC in hemp leaves for infusion from 1 January 2027.
- September 2026: EFSA finds a synthetic CBD safe under set conditions, and cannot conclude on two dossiers for hemp-derived CBD.
Will CBD be banned in France?
No general ban has been announced as of 20 October 2026, and the 2026 measures target products to swallow. In September 2026, EFSA found a synthetic CBD of at least 98% purity safe under the conditions of use proposed by the applicant (a supplement limited to 2 mg a day, intended for adults over 25 other than pregnant or breastfeeding women), except for people taking medication. For a hemp isolate and a hemp extract, it concluded that safety cannot be established, as the applicants did not answer its data requests. An EFSA opinion is not an authorisation: the Commission and the Member States decide.
Another possible change would come from classifying CBD as toxic for reproduction, which MILDECA expects to be adopted in early 2028, with an 18-month transition. CBD would then be banned in cosmetics, barring a derogation, and vaping liquids with 0.3% CBD or more could be banned too. See what is still on sale in 2026.
CBD and driving: the residual THC trap
Roadside saliva tests look for THC, and a compliant CBD product can contain traces of it. On 21 June 2023 (no. 22-85.530), the French Court of Cassation ruled that the offence of driving after using narcotics is made out whatever the dose, even when the product was on open sale. In its version in force since 20 August 2026, article L235-1 of the Highway Code sets the penalty at three years in prison and a 9,000 euro fine, and the licence can be suspended for up to five years. The ANSM also advises road users against CBD. See CBD and driving.
Four misconceptions about CBD, and what the texts say
| Misconception | What the texts say | Source |
|---|---|---|
| "The threshold is 0.2% THC" | Decree of 1990, repealed; 0.30% or less since 30 December 2021 | Decree of 2021, art. 3 |
| "Legal CBD is no problem behind the wheel" | The offence of driving after using narcotics is made out whatever the THC dose, even for a product on open sale | Court of Cassation, 21 June 2023 |
| "It is allowed everywhere in the EU" | CBD foods authorised nowhere; national rules on the plant vary | Regulation (EU) 2015/2283 |
| "It does not act on the brain" | It acts on the central nervous system, without dependence | MILDECA, 2026 |
Differences between countries are covered in the law around the world.
Frequently asked questions
Cannabidiol, from "cannabis" and the suffix "-diol", which refers to the molecule's two hydroxyl groups. This hemp cannabinoid was first isolated in 1940, and its structure was described in 1963.
No, because it does not activate the CB1 receptor as THC does. MILDECA notes, though, that it acts on the central nervous system.
Not in the legal sense: it is not classified as a narcotic. A product with too much THC, or one containing a synthetic cannabinoid, does fall under narcotics law.
It does not get you high. The only CBD-based medicine authorised in France, Epidyolex, is dispensed on prescription, and a shop product may not claim any health effect.
The ANSM points out that using it is not harmless, and EFSA cannot establish its safety under 25, during pregnancy or breastfeeding, or for people taking medication.
Yes in France for flowers, resins, extracts and cosmetics, if the variety and the extracts have 0.30% Δ⁹-THC or less. No for foods and food supplements.
They come from the same plant, Cannabis sativa L., but legal hemp comes from low-THC varieties. THC-rich cannabis is still a narcotic, and using it is punishable by up to one year in prison and a 3,750 euro fine, or by a 500 euro fixed criminal fine.
Drowsiness, possible effects on the liver, drug interactions and mislabelled products: since early 2024, the ANSM has recorded several hundred poisonings linked to products sold as CBD.
No general ban has been announced as of 20 October 2026. Products to swallow are being withdrawn, and a classification as toxic for reproduction, expected in early 2028 according to MILDECA, could restrict cosmetics and vaping liquids.
In hemp, mainly its flowers and leaves, or through synthesis. In shops, as flowers, resins, extracts, vaping liquids and cosmetics.
CBD to swallow is no more authorised there than anywhere else. The only CBD medicine, Epidyolex, is dispensed there only on restricted medical prescription.
CBD is not prohibited by the World Anti-Doping Agency, either in 2026 or on the 2027 List. THC remains prohibited in competition, and WADA points out that CBD extracted from hemp may contain it (CBD and anti-doping).
Sources and dates
Texts re-read on 20 and 28 October 2026; the dates are those of publication or of the version in force.
- French law: decree of 30 December 2021; Conseil d'État, no. 444887 and no. 489210; Court of Cassation, no. 22-85.530; Highway Code, L235-1 (version of 20 August 2026); Public Health Code, L3421-1, L3513-5 and L3514-1.
- European Union: CJEU, C-663/18; Regulations 2015/2283 and 2026/1828; SCCS, SCCS/1685/25; EFSA, 9 February and September 2026.
- Agencies and international: MILDECA, "En matière de CBD"; French Ministry of Agriculture; ANSM; Anses; EMA; UN News; WADA; PubChem.
- Next review: the Haute Autorité de santé's opinion on medical cannabis, or a Commission decision on classifying CBD or on synthetic CBD.
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.