CBN + THC: why these gummies are illegal in France

In France, THC has been classified as a narcotic since the decree of 22 February 1990. The only tolerance concerns the residual traces in a CBD product, capped at 0.30 % of the finished product by the decision of the Conseil d'État of 29 December 2022 (no. 444887). Beyond that, the product falls under the narcotics regime (article L.5132-7 of the Public Health Code). A gummy containing 3 to 20 mg of THC per unit far exceeds that threshold.

The American market applies a different logic. The 2018 Farm Bill legalises at federal level hemp containing less than 0.3 % of THC by total dry mass, and not per individual dose. A gummy weighing several grams can therefore contain several milligrams of active THC while mathematically complying with that « by mass » threshold. State legislation supplements this federal framework, with regulated recreational markets in several states. This reasoning by dry mass has no validity in France: the 0.30 % threshold applies to the finished product as consumed, not to an average calculated across the whole weight of the product.

Beyond THC itself, several semi-synthetic cannabinoids are prohibited in France: HHC and its derivatives HHC-O and HHC-P since the ANSM decree of 11 June 2023, then H4CBD, H2CBD, THCP, THCA and 10-OH-HHC since the decree of 3 June 2024. These bans followed several dozen cases of poisoning reported to the pharmacodependence evaluation and information centres between 2023 and 2024. Selling or possessing these molecules in France is a criminal offence.

CBN is not listed as a narcotic. As a new ingested ingredient, it potentially falls under the regime of the Novel Food Regulation (EU 2015/2283), subject to the same restrictions as ingested CBD since 15 May 2026. In topical use (cosmetics, external oil), it remains easier to market. No therapeutic claim regarding sleep is validated for CBN, as we set out in detail in our article on its legal framework.

Several options comply with the current French framework: CBD flowers to vaporise or infuse (THC ≤ 0.30 % of the finished product), sublingual CBD or CBN oils for external use, topical CBD cosmetics, and CBD e-liquids under the TPD framework. Any formula containing active THC, HHC or THCP remains illegal, whether bought locally or imported from abroad - importing changes nothing about the criminal classification of the product.

CBD or CBN products derived from full-spectrum or broad-spectrum hemp contain traces of THC by construction. The Cour de cassation, in its ruling of 21 June 2023, confirmed that these traces can lead to a positive saliva test, and that the commercial legality of the product does not exonerate the driver. Article L.235-1 of the Highway Code penalises driving after narcotic use with two years' imprisonment, a fine of 4 500 € and the withdrawal of six licence points.

Can these gummies be imported for personal use?

No. Importing a product containing THC at an active dose falls under narcotics trafficking, even for personal use, and exposes the importer to criminal prosecution.

Is CBN psychoactive?

CBN is considered to be very weakly psychoactive, with none of the euphoric effect that is sought after. It is sometimes associated with a sensation of drowsiness by regular users, without official validation.

What legal alternative exists in France?

CBD flowers to infuse or vaporise, sublingual oils for external use, topical cosmetics and CBD e-liquids remain legal provided the 0.30 % THC threshold is respected.

What does a seller of these products risk in France?

Narcotics trafficking and, depending on how the product is presented, the illegal practice of pharmacy. Criminal penalties include prison sentences and substantial fines.