On April 15, 2026, the General Directorate for Food (DGAL) unveiled a new, highly stringent regulatory plan for food products containing CBD and/or THC. In response to this announcement, industry experts, such as France Cannabis Consultants (FCC), published a legal brief to defend products made from raw flower. Here is a summary of the current situation to provide some clarity.

1. What the DGAL’s new plan says (Effective as of mid-May 2026)

For French authorities, the rule is strict: it is not permitted to add CBD, THC, or other cannabinoids to food products or dietary supplements. The DGAL bases this on the fact that these molecules are considered "novel foods" that are not authorized in Europe.

The reasons given by the authorities:

  • The DGAL attributes this stricter stance to an increase in nutrivigilance reports related to CBD products. These reports are primarily linked to products containing neo-cannabinoids, incorrect dosages, or products containing more than 0.3% THC.
    ANSES highlighted an increase in these cases a few months ago.

  • It also draws on a statement issued by the EFSA (European Food Safety Authority) in February 2026, which concludes that the safety of CBD has not yet been established.

Hemp-derived products that remain legal: Certain parts of the hemp plant have a proven history of consumption and are therefore entirely legal for use in food products. These include:

  • Hemp seeds and their derivatives (oil, flour, etc.).

  • Hemp leaves, but only if they are consumed as an infusion in water and without the flowers.

The penalties in place (with no grace period): Starting in mid-May 2026, inspections will be stepped up at manufacturers, specialty stores, supermarkets, and online.

  • Simply writing "CBD" or "THC" on a label will result in the product being immediately removed from the market.

  • If the product is deemed hazardous because it exceeds the ARfD (acute reference dose) of 1 µg/kg (1 microgram per kilogram) established by the EFSA, it will be withdrawn from the market and subject to a full recall.

  • If narcotics are detected, this triggers legal proceedings.


In addition, the Compl’Alim platform, which previously allowed certain CBD products to be registered (without actually issuing a certification), will no longer generate registration certificates for products containing CBD or THC.

2. The CBD industry’s response to these announcements

In its report, France Cannabis Consultants opposes this extremely restrictive approach and warns of the economic consequences for industry professionals.

Distinguishing between raw flower and industrial extracts: The main argument is that highly concentrated CBD extracts (such as isolates) must be distinguished from raw hemp flower. While highly concentrated extracts fall under the "Novel Food" legislation, dried raw hemp flower (containing less than 0.3% THC) is a traditional agricultural product.

Historical evidence of consumption: The document provides ample evidence that hemp flowers and leaves were consumed in Europe well before 1997. Traces of soups, herbal teas, and culinary recipes incorporating hemp flowers can be found from the Middle Ages through the 20th century in several European countries. A 1997 survey even showed that, at that time, more than 115,000 liters of beverages made from hemp flowers or leaves had been sold in Europe.

A safe method of consumption: The report emphasizes that consuming the raw flower as an infusion is very safe. Water extracts only a tiny fraction of the cannabinoids (about 0.5% of the plant’s THC), making hemp tea comparable in safety to chamomile or linden tea.

A plan deemed disproportionate: The industry considers the DGAL’s plan disproportionate, as it mandates automatic market withdrawal based solely on the mention of the word “CBD,” without taking into account the actual concentration in the product or the principle of proportionality required by European law (as in the Kanavape case). Furthermore, banning flowers in infusions while the leaves were authorized by the EU in 2023 is considered inconsistent.

To counter this strict enforcement, the industry is calling for a dialogue with the authorities and a grace period to comply, and does not rule out taking legal action.

Final thoughts: Since this announcement was made less than 24 hours ago, it is crucial to wait for its official release and to stay tuned for further developments. Although this news represents a difficult challenge for our entire industry, the situation is not yet set in stone, and new developments remain entirely possible in the coming days and weeks.

Class-action lawsuits are being considered by various stakeholders in the industry (UPCBD, SPC, etc.); you can contact these organizations directly for more information.

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