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How Long Will The Cannabis Fight Take In France?

Written by ICBCC-admin on January 18, 2022. Posted in Archives, Policy.

The left-wing France Unbowed party is taking the fight to a still resistant government as recent polls show public opinion shifting towards cannabis legalization

Last week, French legislators discussed a bill to legalize cannabis. Put forward by the France Unbowed party or LFI, it is widely seen to be a legislative attempt to put the conversation in the national air rather than pass anything even though there was clear support for reform from five parliamentary groups including even the ruling party (LREM). The government so far has been widely resistant to full cannabis reform, implementing both a much-delayed medical trial only last year as well as finally regulating the CBD business which, as of January 7, will include the sale of flowers. This is a major victory over the government in the first week of the year as the country’s Supreme Court also just overturned the ban on cannabis flowers put forward by the government on December 30 in the plan to regulate the CBD industry.

The last such attempt put forward in 2014 was also rejected by the government. But times they are obviously a’changin’. Beyond the victory on CBD recently, as of June 2021, an Ifop survey showed that 51% of the French public was in favour of at least decriminalization – the highest number since the issue has been tracked (1970).

Things are certainly getting interesting in the French conversation. The question is, with the CBD conversation now formalized in France and a medical trial underway on a national level, how fast can cannabis reform happen on a national level here?

The Need for A Trigger…

It is not just France that is now on the edge of further reform. Germany has yet to even formalize its CBD industry, even though the new coalition here has made cannabis reform an issue for its plank of projects to get accomplished. These two countries, along with Italy, now also poised for a legislative mandate on the topic this year, are far more than say Malta or Spain, are absolutely the bellwether countries for cannabis reform in Europe, simply because they have the most economic clout.

That said, the inevitable is clearly in the air. Full and final cannabis reform is no longer an outlandish but rather a mainstream topic in every European country.

The question is what will be the exact trigger to force the widespread legalization of the plant. It could be Switzerland’s market, due to kick off this year. It could be that legalizing formal industries in places like Portugal and the seed market in Luxembourg will also pave a path.

But no matter what “it” is, at least talk of full and final reform will be abloom in every European political capital this spring.

France

France Formalizes Its CBD Rules – But The Fight Is Just Beginning

Written by ICBCC-admin on January 11, 2022. Posted in Archives, Policy.

The country issued new guidelines right before the new year – but while it spells good news for manufactured products, cultivators are up in arms.

In a significant move for not only France but a wider European conversation beyond that, the French authorities moved to formalize rules on CBD at a national level at the end of 2021. That they did so at the very end of the year, on December 30, has not quelled the already bubbling controversy.

Here is why. Broadly, the French Ministry of Solidarity and Health issued an order to implement Article R. 5132-86 of the Public Health code which now authorizes the CBD market. There are some winners in this – namely every producer who does not sell flowers directly (which includes herbal teas). The losers? Every cultivator and product producer who sells the leaves directly to the public, even though the regulation also allows the increase of THC in hemp cultivation from .02 to .03% as well.

That is a huge segment of the market – not only from a cultivator but also retail sales perspective. The professional organization of CBD Purveyors, the Union des Professionals du CBD, has stated that flower sales are currently 70% of their market, and of course is leading the charge against the new flower sale ban.

Importance In the Discussion

This is not the first time the strange path to legalization in France has sparked attention. The country has been moving achingly slowly forward to recognize medical use. In the meantime, CBD is being lumped, as it is in places like Germany, in an odd place where the raw flower is frequently also banned, outright. In Deutschland, hemp tea has also been on the front end of legal fights over the last few years that are still unresolved, even in the face of recreational reform simply because cannabis remains in the German Narcotics Act.

That said, the fact that now France (and Switzerland) have clearly amended their Narcotics Acts to allow the sale of both CBD and in Switzerland’s case THC, also spells an end to futile arguments on the German side of the border about how difficult dealing with this issue is. Namely, all that must be done is to do it, and further in a way that now three European countries have now done. See Malta.

It was also France where the Kannavape case (which this is also the direct result of) created a European precedent on the cross-border sale of CBD (and further for smoking).

It is in other words, no matter how strangely piecemeal, France, where the CBD market for Europe may first be nationally defined, despite all the kicking and screaming.