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The sale of CBD defended before the Council of State after the government decree


The defenders of the French CBD sector pleaded this Friday, January 14 before the Council of State for a suspension of the ban on the sale and consumption of hemp flowers and leaves containing CBD, the non-psychotropic molecule of cannabis.

The highest administrative court has been seized by various actors in the sector, wishing to obtain the emergency suspension of the decree issued by the government on December 30, which prohibits the sale and consumption of hemp flowers containing cannabidiol (CBD) .

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The decision of the Council of State to suspend or not the decree should intervene “in the course of next week”, Judge Suzanne Von Coester said at the end of the hearing. The decision on the merits, which could possibly lead to the annulment of the decree, will be rendered later.

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The applicant companies, specializing in the sale of products based on cannabidiol (CBD), one of the many molecules of the cannabis plant to which its supporters dedicate relaxing virtues, have justified the urgency of acting by emphasizing the “criminal risk” and the threat that the text poses to the “business sustainability”.

A sector at a standstill

It’s about a “general, absolute, unnecessary (…) and manifestly disproportionate prohibition”, scolded Me Cédric Uzan Sarano, lawyer at the Council of State, fearing “irreversible effects” and “dismissals”.

“This decree undermines what is being built on the sector”, added the council of the professional hemp union.

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“We are going to have investigations (targeting the actors of the sector, editor’s note) with seizures and a risk of placing people in a situation of no return”, engaged Me Xavier Pizarro, lawyer for the Union of CBD Professionals, who fears the emergence of criminal litigation.

The hearing took place in the presence of the national secretary of EELV, Julien Bayou, a lawyer by training and who was involved in the preparation of the file, Me Pizarro told AFP.

An “aberration” for Jadot

The environmental candidate for the presidential election Yannick Jadot came to show his support before the hearing at “the entire CBD industry”, qualifying as“aberration” this ban and emphasizing its wish to develop CBD sectors in France.

“The prohibition of CBD hemp flower would threaten a booming sector”

At the hearing, government officials argued that the “cannabis plant as a whole (was) classified as narcotic” based on“a 1961 convention on narcotic drugs”.

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They also underlined the benefits of the decree for the agricultural sector, which can now value hemp leaves and flowers by selling them to extractors.

Valérie Saintoyant, representative of the Interministerial Mission for the Fight against Drugs and Drug Addiction (Mildeca), insisted on the difficulties of public order that a suspension of the decree would raise: difficult, according to her, to distinguish in the event of control hemp flowers containing cannabidiol from those loaded with THC, the cousin, psychotropic and illegal molecule of CBD.



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