Sunday, May 22

Consumption. CBD: the Council of State suspends the ban on the sale of flowers and raw leaves

Phew of relief for hemp professionals. The interim judge of the Council of State announced on Monday evening to suspend, on a provisional basis, the ban on the sale of flowers and raw leaves of CBD, or cannabidiol (the non-psychotropic molecule of cannabis to which are attributed relaxing virtues ).

“The judge in chambers of the Council of State considers that there is a serious doubt about the legality of this general and absolute prohibition measure because of its disproportionate nature”, can we read in a press release. The decision of the Council of State therefore invalidates that of the government taken via a decree of 31 December last.

No degree of harmfulness “justifying a total and absolute prohibition measure”

After a public hearing which took place on January 14, the judge in chambers noted that “it does not appear 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 of 0.3, below which the products are devoid of narcotic properties, “is the one retained by the regulations to authorize the cultivation, import, export and industrial and commercial use of certain varieties of cannabis” , he points out.

“Furthermore, it has not been demonstrated that it would be impossible to control this content for the flowers and the leaves, even though the means of control are detailed, for the whole of the plant, in the appendix to the ‘arrested’, adds the judge in chambers.

A disappointment for the government

The Council of State, which had been seized by defenders of the French subsidiary of CDB, also condemns the State to pay 1,000 euros to each party.

The government had justified this prohibition decision by stressing in particular that it would be difficult for the police to differentiate a CBD flower from a CBD flower.

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