Marijuana and CBD: what are the differences, beyond the clichés?

Cannabis (Cannabis sativa L.) covers hundreds of varieties whose cannabinoid content varies widely. Marijuana refers to the varieties selected for their high content of THC (tetrahydrocannabinol), the molecule responsible for the psychoactive effect. Industrial hemp, by contrast, has been selected for its low THC content and its high content of CBD (cannabidiol), a non-intoxicating cannabinoid. It is this difference in varietal selection, not a difference of species, that separates marijuana from CBD hemp.

In France, the marketing of CBD has been permitted since the Conseil d'État decision of 29 December 2022 (no. 444887), provided the finished product contains no more than 0.30% THC. Marijuana, as recreational cannabis rich in THC, remains classified as a narcotic: possessing, producing and selling it are prohibited and criminally punishable. This 0.30% limit is the simplest benchmark for distinguishing, in law, a compliant CBD product from a product falling under the narcotics regime.

THC binds strongly to the CB1 receptors of the central nervous system, which produces the "high" sought in recreational use: euphoria, altered perception, sometimes anxiety at a high dose. CBD has a much weaker affinity for these receptors and induces no state of intoxication and no alteration of consciousness. It is this absence of a psychoactive effect that allows it to be marketed through the wellness channel, without being listed in the narcotics schedule.

The similar smell of CBD hemp flowers and marijuana, their close appearance and the shared history of cannabis all sustain a frequent confusion among the general public. Law enforcement has saliva screening tests that detect THC, regardless of the legality of the product consumed: the Cour de cassation confirmed in 2023 that a legal CBD product can nonetheless lead to a positive roadside test if it contains traces of THC. To go further into the chemical distinctions between the main cannabinoids, our CBD versus CBN comparison sets out the mechanisms at work.

Since 3 June 2024, the ANSM has classified several synthetic or semi-synthetic cannabinoids (HHC, H4CBD, THCP) as narcotics, following more than 200 reports of serious poisonings. These molecules, sometimes presented as "more powerful legal CBD", have nothing to do with natural cannabidiol and are now banned from sale in France.

CBD is not a medicine. If you have any doubt about a product, consult a healthcare professional.

Can CBD make a drug test come back positive?

A full-spectrum product, even a legal one, can contain traces of THC detectable in saliva. Choose an isolate certified free of THC if you drive.

Is marijuana legal in France?

No. Marijuana, rich in THC, remains classified as a narcotic: possessing, producing and selling it are prohibited and criminally punishable.

Does CBD have a psychoactive effect like marijuana?

No. CBD has no strong affinity for the CB1 receptors responsible for the "high" of THC, and causes neither euphoria nor altered perception.

How do I recognise a legal CBD product?

Check the THC content stated on the certificate of analysis (≤ 0.30% in the finished product) and the absence of prohibited synthetic cannabinoids.