CBD herbal infusions have found a loyal following among cannabidiol enthusiasts. Beyond their distinctive taste and powerful aromas, hemp infusions offer a range of potential wellness benefits. CBD products are legal in France, but are CBD herbal infusions actually permitted? Both production and sale are subject to specific conditions. The current regulations around CBD products, and hemp flowers in particular, have left neither producers nor consumers fully satisfied.
Regulations around the sale of CBD herbal infusions and other CBD products
The sale of CBD in France, whether as herbal infusions or in other forms, has had a turbulent history. In December 2021, the French government issued a ruling on the production and commercialisation of CBD products. Producers and consumers had been eagerly awaiting this long-needed legal clarification, and many were disappointed by the decision reached. Today, certain categories of CBD products are permitted, though the road ahead for cannabidiol in France remains a long one.
The change in CBD legislation
The ministerial decree of December 2021 banned the sale and consumption, in France, of hemp flowers and leaves containing CBD. Although CBD, a compound derived from the cannabis plant, has no psychotropic effects, the French government argued that it was difficult to determine which flowers or leaves contained CBD or THC. The impact on CBD businesses, including those selling herbal infusions, was considerable.
The sale of CBD-derived products
CBD-derived products authorised for sale and consumption without restriction include, among others, cannabidiol resins and oils. The December 2021 ban applied primarily to CBD products intended for smoking.
It is worth noting that certain criteria must also be met when distributing CBD products on the market. The source cannabis plant must have a THC content below 0.3%. Producers, retailers and online shops may not make therapeutic claims about CBD, as the compound is still under review in France. It is also essential to maintain a clear distinction between cannabis and CBD, as any confusion could be seen as an incitement to drug use.
Consuming hemp flowers and leaves in France
Herbal infusions were banned in France as a result of this decree. These drinks could indeed be prepared from an infusion of hemp flowers or raw leaves. According to the authorities, distinguishing between plants containing CBD and those containing THC, a psychotropic substance, was not straightforward. Raw hemp contained in flowers intended for herbal infusions represents a significant share of CBD product sales in France, making this ruling a major blow to the sector.
The future of CBD flower and leaf sales and consumption
The Conseil d'État subsequently suspended the ban on the sale of CBD flowers and leaves. Brewing your own CBD herbal infusion is once again legal. The prohibition on these CBD product varieties was, in the end, short-lived, though certain restrictions remain in place.
- The THC content of the plant in question must not exceed 0.3%.
- The sale of CBD flowers and leaves remains prohibited to minors.
It is important to bear in mind that this suspension of the French government's decision is still subject to review by the relevant authorities.
European Union regulations on the use of CBD products
The legalisation of cannabidiol and CBD herbal infusions in France has been a long and complex process. According to the European Court of Justice, CBD is not a narcotic substance, and no psychotropic or harmful effects on consumers' health can be attributed to it.
The history of CBD legalisation in France
In the "Kanavape" case, the French state took legal action against a company selling CBD oils. The European Court ruled in favour of the sellers, reaffirming that:
- CBD is permitted, provided the THC content does not exceed 0.2%;
- the sale of these products falls under the principle of free competition within the European Union.
Despite this, France went on to submit a bill in June 2021 targeting, among other things, a ban on the sale of CBD flowers.
The stand-off between the European Court and French justice
In October 2021, the European Court issued its full ruling on France's proposed decree, reaffirming the authorisation of the trade in cannabidiol flowers. The French authorities then submitted a new decree at the end of 2021, permitting the cultivation of flowers and leaves solely for CBD extraction. This effectively brought an end to cannabidiol herbal infusions. A few weeks later, however, the interim relief judge suspended the decree. The sale and consumption of cannabidiol in flower and leaf form, and therefore as a herbal infusion, currently benefits from a period of reprieve.
The authorisation of CBD herbal infusions brings relief to customers and retailers alike
These successive developments caused considerable anxiety among CBD shops and retailers, as cannabidiol flower sales represent the majority of their revenue. Their customers can now purchase and enjoy CBD flowers freely, whether as a herbal infusion or a loose-leaf brew, with no legal concerns. CBD herbal infusions are available to buy legally and easily in France, ready to be steeped into a moment of quiet relaxation.
The benefits of CBD herbal infusions, now within reach
Those who turn to CBD herbal infusions for their potential wellness benefits will be reassured by the suspension of the ban. While cannabidiol infusions carry no officially recognised therapeutic claims, they may complement the management of certain chronic conditions. This type of infusion can also contribute to a greater sense of everyday comfort and wellbeing. Whether you are looking for potential pain-relieving, anti-inflammatory or calming properties, a CBD herbal infusion may be worth exploring. Other appreciated benefits include CBD's potential action on digestion and cognitive function.
At any time of day, prepare yourself a CBD herbal infusion and enjoy all the potential benefits of cannabidiol, entirely legally. With no unwanted side effects, CBD herbal infusions can be savoured whenever the moment calls for it.
Learn more about the characteristics and qualities of cannabidiol infusions before you begin:
- What is a CBD herbal infusion?
- What are the benefits of CBD herbal infusions?
- Why drink cannabidiol herbal infusions?
- Can hemp leaves be used to make an infusion?
- How do you use CBD leaves?
- When is the best time to drink a hemp infusion?
