Published in the Journal officiel on 31 December 2021, the ministerial decree "on Cannabis sativa L. varieties" is France's reference text for legal hemp. It repeals the 1990 decree and sets the modern industry rules.
Why this text?
The 1990 decree dated from an era when industrial hemp mainly served paper and textiles. The rise of a CBD market from 2017-2018 onwards made an update unavoidable. The CJEU's 2020 Kanavape ruling forced France to align with EU free movement of goods.
Article 1: authorised varieties
Only varieties listed in the EU or French official catalogue may be grown. They must contain, in the field, no more than 0.3% THC. This is the agricultural threshold — not to be confused with the finished product threshold.
Article 2: the finished product threshold
This is the heart of the text. Any hemp-based consumer product (extract, oil, flower, e-liquid, cosmetic, food supplement) must contain less than 0.3% delta-9-THC, measured in the finished product.
Article 3: the contested clause
The original article banned sales of raw flowers and leaves to consumers. The Conseil d'État suspended it on 24 January 2022 and annulled it on 29 December 2022. As a result, dry flowers and resins are sellable, subject to the THC threshold.
Articles 4 onwards: traceability
Operators must document the origin and analytical compliance of each batch. Certificates of analysis from COFRAC-accredited or equivalent labs are the central piece. DGCCRF performs random inspections at shops and distributors. In practice, these checks cover documents (up-to-date certificates, sold batch matching the analysed batch) and physical sampling sent to an official lab for counter-analysis. A product whose certificate is more than six months old, or whose actual content drifts from the label, can be pulled from sale.
Conseil d'État contribution
Beyond suspending the flower article, the Conseil d'État set several principles in its January and December 2022 rulings. Banning a product from legal European hemp requires evidence of a specific health risk. The precautionary principle must be proportionate. Confusion between narcotic cannabis and industrial hemp is not itself a sufficient ground for a ban. This case law now guides operators and inspectors alike.
What the decree does not cover
- Semi-synthetics (HHC, H4CBD) — banned through separate ANSM decisions.
- Food supplements — addressed in the ongoing novel food regulatory debate.
- Legal age of consumption — covered by industry self-regulation.
- Tax treatment, which depends on product status (cosmetic, food, e-liquid) and stays heterogeneous.
- In-store cannabinoid display rules, leaving variable presentation practices.
The Horus stance
We strictly apply the decree. Every product on our Boulogne-sur-Gesse and L'Isle-en-Dodon shelves comes with its certificate of analysis. For flowers, traceability runs back to the grower — most often an EU partner. Our supplier file archives lab certificates batch by batch, with issue date, accredited lab name and measured levels. That documentary base is what lets us answer a DGCCRF check calmly, and what justifies the price of a compliant product against a less rigorous parallel market.
Further reading: Kanavape, the European turning point.
This article is for informational purposes only. For legal advice, consult a lawyer. CBD is not a medicine.