CBD and regulations in France: what professionals need to know

CBD (cannabidiol) is the main molecule in hemp; unlike THC, which is also found in the plant, it is not addictive. However, its consumption does have an effect on the brain, which explains the regulations governing CBD, its sale, and its consumption. French law has established a number of rules: 

• The extracts sold must come from hemp varieties listed in the official catalog of plant species cultivated in France ;
• these extracts must have a THC content of no more than 0.3%;
• They must be grown by active farmers as defined by European and national regulations, who may only produce certified seeds. The sale of seedlings or cuttings is strictly prohibited.

With regard to CBD-based food products, regulations impose a THC threshold of 3 mg/kg for hemp seeds (0.0003%) and 7.5 mg/kg in hemp seed oil. Currently, only hemp seeds and their derivatives (oils, flours, etc.), as well as hemp leaves intended for use in infusions, are authorized for sale, as they have a history of consumption. This means that all other CBD-based food products currently available on the French and European markets are being sold illegally. They may therefore be subject to withdrawal or even recall measures.

In the cosmetics sector, however, pure CBD has been added to the European database CosIng, which means that its sale and consumption are authorized provided that the requirements of Regulation (EC) No. 1223/2009 on product safety are met.

Good to know: the sale of CBD and related products to minors is prohibited, whether it be flowers, resin, or other e-liquids for electronic cigarettes. For all buyers, the sale of products intended for combustion (flowers or resin for smoking) is also prohibited.

Conditions imposed on CBD sellers

Beyond the regulations applied to CBD in France and Europe, sellers must comply with certain rules in order to market their products legally.

Administrative procedures to be completed

CBD sellers must declare and formalize their activity. For example, a tobacconist who wishes to sell products containing CBD must declare this to the CCI, the Chamber of Commerce and Industry, in order to obtain an additional NAF code. This formality is mandatory in order to expand their activity and complete their status. 

As mentioned above, the sale of products containing less than 0.3% THC is legal and does not require any special authorization from customs: however, it is preferable to inform them of this extension of your business.

Products authorized for sale

France authorizes the sale of products with a maximum THC content of 0.3% and derived from hemp varieties registered in the country. These products must be properly labeled and indicate their exact composition, CBD dosage, and non-psychotropic nature. They must also be accompanied by certified laboratory tests. 

Traceability is essential for proving the legality of the products sold. Whether you are a tobacconist, wholesaler, or manager of a specialty store, it is essential to keep all invoices from your suppliers, product analysis certificates, and technical data sheets, which may be required in the event of an inspection. It is also strongly recommended that you take out professional insurance that covers your expanded business activities in CBD sales, to cover any risks to which you may be exposed.

Please note: Regulations governing the sale of CBD are constantly evolving and adapting to a rapidly expanding market. By purchasing from Thitan, you are guaranteed to buy high-quality, reliable products that comply with the latest legal developments. This provides peace of mind and confidence for you and your customers.

CBD and regulations: the issue of advertising

Communication about CBD is as tightly regulated as its sale. In particular, it is prohibited to highlight the therapeutic benefits of CBD or suggest its medical use. Sales pitches must be strictly limited to notions of well-being or relaxation, without guaranteeing the product's effectiveness in reducing stress, muscle pain, or insomnia, for example.

Overall, as with any product, disseminating misleading or exaggerated information about the virtues of a foodstuff exposes the seller to penalties. Communication must remain clear, factual, and compliant with regulations.

Finally, when it comes to advertising and communication materials, the use of the cannabis leaf must be approached with caution. Any visual reference that could associate your product range with recreational cannabis use may be considered as encouraging the use of narcotics and constitute a criminal offense.

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1: https://www.drogues.gouv.fr/le-cbd