Ingested THC, drinks, gummies, oils: the situation in France

In the United States, the 2018 Farm Bill legalised at federal level hemp containing less than 0.3% delta-9-THC by dry weight. That definition allowed a new category of “hemp-derived THC” products to emerge, formulated to produce a psychoactive effect: fizzy drinks, dosed gummies, oils. In France, the legal logic runs the other way: what counts is not the product's content but its effect and its active molecule. THC appears on the narcotics list under article L.5132-7 of the Code de la santé publique, the only tolerance being its residual presence at a maximum of 0.30% in a finished CBD product.

Whether THC is ingested as a drink, a gummy, an oil or a capsule, the French legal classification remains identical: narcotic substance. The format does, on the other hand, influence the time to onset, five to thirty minutes for a drink absorbed through the mucous membranes against thirty to ninety minutes for a gummy metabolised by the liver, the duration of the effect, and the precision of dosing. These pharmacological differences explain why the American health authorities themselves have multiplied their alerts on poisonings linked to psychoactive edibles since 2022.

France settled early the question of the alternative psychoactive cannabinoids that were circumventing the 0.30% threshold: HHC and its derivatives were classified as narcotics by an ANSM ministerial order of 11 June 2023, followed in June 2024 by H4CBD, H2CBD, HHCPO, THCP, THCA and 10-OH-HHC. A shop distributing a product containing one of these cannabinoids today exposes itself to the criminal penalties for narcotics trafficking.

Ingested products based on CBD alone now fall within a regulatory zone that has tightened as well: since 15 May 2026, the DGAL has been applying the Novel Food regulation strictly, with the withdrawal of CBD gummies, capsules, infusions and drinks that have no European authorisation. What can still be marketed: flowers and resins from authorised varieties, CBD e-liquids compliant with the TPD directive, topical cosmetics listed in the CosIng database, and sublingual oils repositioned outside the scope of Novel Food. Anything containing psychoactive THC remains, whatever the format, a narcotic.

If the American framework is transposed to the wellbeing CBD universe alone, the only one authorised in France, the trade-offs remain comparable: inhalation acts within one to five minutes for a duration of one to three hours, the sublingual route within fifteen to thirty minutes for a duration of three to five hours, and a topical cosmetic stays localised on the skin with no systemic action expected. None of these formats reproduces the experience of an ingested product based on psychoactive THC, and that is precisely the effect sought by the French framework. For a full overview of the rules applicable to THC, see our guide to the legal framework for THC.

Whatever the format, a full-spectrum CBD product contains traces of THC that may lead to a positive saliva test. The Cour de cassation, in its ruling of 21 June 2023, clearly ruled out the legality of the product as a line of defence. The Code de la route provides for no tolerance threshold for THC.

Can American THC drinks be imported into France?

No. Importing or holding a product intended to deliver a psychoactive dose of THC constitutes an offence under French narcotics legislation.

What is the difference between a CBD oil and a THC oil?

A CBD oil delivers non-psychoactive cannabidiol, with residual THC below 0.30%. A THC oil, formulated for a psychotropic effect, falls under the narcotics regime in France.

Are delta-8 and delta-9 banned in France?

Yes, in their psychoactive forms. Delta-9-THC is classified as a narcotic, and delta-8-THC falls under the same regime as soon as it is marketed for its psychotropic effect.

Which ingested format remains legally available?

For ingestion, only foods derived from hemp seeds, their oil and their flour, without CBD or THC, remain marketable. Ingested CBD supplements have been off the market since 15 May 2026, for want of Novel Food validation.