The ban on the sale in the raw state of flowers and leaves from cannabis varieties without narcotic properties is suspended.

Requested by traders in the sector, the judge of the Council of State temporarily suspends the ban on marketing in the raw state of flowers and leaves of certain varieties of cannabis, even though their THC content is less than 0.3%. The judge notes that this threshold, below which the products are devoid of narcotic properties, is the one used by the regulations to authorize the cultivation, import, export and industrial and commercial use of certain varieties of cannabis.

The public health code (article R. 5132-86) prohibits the production, manufacture, transport, import, export, possession, offer, transfer, acquisition or use of cannabis (plant, resin and derived products). But this same article provides that “the cultivation, import, export and industrial and commercial use of varieties of cannabis devoid of narcotic properties” may be authorized. On the basis of this exemption, the ministerial decree of December 30, 2021 authorized “the cultivation, import, export and industrial and commercial use of only varieties of cannabis sativa L. with a delta-9 content -tetrahydrocannabinol (THC) does not exceed 0.3%. This THC threshold is therefore, with regard to the public health code, the one below which cannabis varieties are devoid of narcotic properties. However, this same ministerial decree prohibits the sale to consumers of flowers and leaves in the raw state of these same varieties, even if the THC content of these flowers and leaves is below the threshold of 0.3%. Several companies which already market products from these varieties of cannabis, on the basis of a previous ministerial decree, have urgently challenged this ban. The summary judge of the Council of State considers that there is serious doubt about the legality of this general and absolute ban measure due to its disproportionate nature Indeed it does not appear, at the end of the contradictory investigation and the discussions which took place during the public hearing, that the flowers and leaves of cannabis sativa L. whose THC content is less than 0.3 % would present a degree of harmfulness to health justifying a measure of total and absolute prohibition: this threshold is precisely that retained by the contested decree itself to characterize cannabis plants authorized for cultivation, importation, export and industrial use. Furthermore, it has not been demonstrated that it would be impossible to control this content for the flowers and leaves, even though means of control are detailed, for the entire plant, in the appendix to the stopped. While waiting for the Council of State to rule definitively on the merits of the legality of the contested decree, the judge temporarily suspends the contested ban. Soucre: amazing-properties-is-suspended?fbclid=IwAR1FD6WMz9CyUXcb4-3VbyQkgXdG_J-3cU8k6hvCxlPqzyuq0TW-0I53Qvk
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