CBD officially legalized by the Council of State in 2023

Since December 29, 2022, rumors have been swirling about the legalization of CBD by the Council of State. The highest court has indeed ruled in favor of the use of this cannabis derivative on French territory. However, the law that has been validated and passed is much more complex than it seems. Focus on the contours of this new legal provision and its implications.

Cancellation of the ministerial decree of 30/12/2021: what really changes?

Deemed disproportionate by the Council of State, certain provisions of the interministerial decree of December 30, 2021 have been canceled. They did not make CBD illegal, but regulated its use. The varieties (flowers and leaves) of Cannabis sativa L. containing less than 0.3% of THC were allowed to:

  • Culture ;
  • Import;
  • Export;
  • Industrial and commercial use.

On the other hand, these same varieties could only be used for the industrial production of hemp extracts. The sale, the consumption of flowers and leaves raw in any form whatsoever or even their possession by consumers was prohibited. And that’s where the new law comes in.

From now on, CBD flower and CBD leaf can be legally sold, owned by consumers and consumed in their form bully.

In addition, this new legislation puts an end to the discrimination to which local cannabis growers were subject. Indeed, they no longer have to sign a written contract with their buyers in connection with the sale of cannabidiol flowers and leaves produced in France.

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A decision based on scientific data

The changes made to the ministerial decree of 30/12/21 are based on a set of scientific data. It has in fact been noted that the existence or not of narcotic effects depends on the content of the two cannabinoids (CBD and THC). However, it turns out that varieties of Cannabis Sativa L. containing less than 0.3% are neither psychotropic nor addictive.

Better, the cannabidiol contained in Cannabis Sativa L. is limited to virtues relaxants, relaxants anticonvulsants. It is tetrahydrocannabinol (THC) that is narcotic and addictive, hence the maintenance of the threshold level of THC (0.3%).


When it comes to public health risks, the scientific evidence is just as conclusive. It’s the dose that makes the poison, but not only! the way of consuming can also constitute a risk factor when it is badly chosen. For example, combustion is a mode of consumption that is not recommended.

Finally, the scientists could not establish the dangerousness of other constituents of Cannabis sativa L. There was therefore no indication in favor of the restrictions abolished by the law of December 30, 2022.

Control measures introduced

Authorizing the sale, possession and consumption of the flowers and leaves of Cannabis sativa L. is a double-edged sword. How can we make the difference between stupefying and non-stunning varieties when they have similar appearances?

Senior officials have demonstrated through their education that there is a quick and cheap way to tell them apart: rapid tests. These make it possible to check whether they are indeed legal varieties in a few minutes. They are already available on the market.

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Furthermore, the measures prohibiting the claim of therapeutic claims unless the flowers and leaves of non-narcotic cannabis are authorized as medicinal products for human or veterinary use.

Similarly, advertisements encouraging a use recreational of Cannabis sativa L. remain a criminal offense of incitement to the use of narcotics.

What you must remember

For manufacturers and traders in the sector, the law of December 29, 2022 marks the end of a long legal battle. The players in the sector can finally hope to take full advantage of the internal market and gain ground internationally.

That said, ministerial work is continuing for an optimal framework for the provisions of the decree of December 30, 2021, which is still in force. This affects in particular the modes of consumption of raw leaves and flowers.

Also Read: Why Do Athletes Take CBD?

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