French cannabis law: beyond the clichés

The public often confuses "cannabis" and "CBD", whereas French law draws a clear distinction between the two. Cannabis in the criminal sense refers to products containing THC above the legal threshold, classified as narcotics and governed by the Criminal Code. CBD, for its part, is a non-psychotropic cannabinoid derived from hemp, authorised for sale provided the finished product respects the THC ceiling.

This distinction is not a semantic detail: it determines whether a product falls under commercial law or under the criminal law on narcotics.

The current framework results from a series of decisions, not from a single, fixed text. The Court of Justice of the European Union, in the Kanavape case (19 November 2020, C-663/18), held that France could not prohibit the marketing of CBD extracted from the whole hemp plant where it is lawfully produced in another Member State, in the name of the free movement of goods.

The Conseil d'État, in interim proceedings on 24 January 2022 (no. 460055), had suspended the order prohibiting the sale of CBD flowers and leaves. Then, on the merits, the Conseil d'État annulled that prohibition on 29 December 2022 (no. 444887), enshrining the legality of selling raw flowers subject to compliance with the THC threshold.

The 0.30% THC threshold applies to the finished product sold to the consumer, and not to the raw plant in the field, whose cultivation is governed differently by agricultural regulation depending on the varieties authorised in the official catalogue. This nuance explains certain misunderstandings in public debate: a single figure is sometimes wrongly applied to distinct legal situations.

Synthetic cannabinoids (notably HHC, H4CBD, THCP) benefit from none of these tolerances: they were classified as narcotics by ANSM orders in 2023 and 2024, whatever their level.

The coexistence of national and European law continues to produce regular adjustments, through court decisions, interministerial orders and implementing circulars. What is settled on paper is not always applied consistently on the ground, which is why operators have an interest in systematically documenting their analyses and the origin of their raw materials. For a broader overview of the framework applicable to ingested CBD, see our article on Novel Food regulation.

Is recreational cannabis legal in France?

No. Possession, cultivation and sale of cannabis containing more than 0.30% THC remain criminal offences in France, regardless of developments in the legal CBD market.

What exactly does the 0.30% threshold mean?

It is the maximum THC level permitted in a hemp-based product marketed in France. Above it, the product falls under narcotics legislation.

Did the Kanavape decision legalise cannabis?

No. It merely established that France could not prohibit the marketing of CBD lawfully produced in another Member State of the European Union, in the name of the free movement of goods.

Why are synthetic cannabinoids treated differently from CBD?

Because the ANSM classified them as narcotics by order in 2023 and 2024, irrespective of their THC level. They benefit from none of the tolerances applicable to CBD derived from natural hemp.