Cannabis law and legislation in France

Medical use

In principle, pursuant to Article R. 5132-86 of the French Public Health Code (PHC), the culture, manufacture, transport, import, export, holding, offer, transfer, acquisition and use of cannabis (plant and resin) and THC (natural and synthetic and derived products) are prohibited.

Nonetheless, same Article provides derogations for medical purposes. The pharmaceutical establishments and any establishments authorized by the French Health Agency (ANSM) to manufacture, import, and distribute active substances may be allowed to perform the above-mentioned acts, including, since 1st March 2022, the culture and production of cannabis, subject that the concerned product:

  1. Received an authorization (i.e. Market Authorization, Early Access Authorization, Compassionate Access Authorization or Import Authorization); or
  2. Was registered as homeopathic drug; and
  3. Meets the requirements set by an upcoming Decree which will be published by the Health Ministry on a proposal from the Director of the ANSM and is manufactured as required by Article L. 5121-5 PHC or any equivalent internationally recognized standards to guarantee its quality, security and its medical purpose (in this case, the establishment is not allowed to offer and use the concerned product).

As per Article R. 5132-86 PHC, cannabis plants may only be held and cultivated for medicinal purposes by growers who entered into an agreement with these establishments. Decrees providing conditions to meet to be authorised to hold and cultivate cannabis plants for medicinal purposes are being prepared.

Medical use is also allowed for the purposes of research or product control as authorized by the Director of the ANSM.

Pursuant to Decree No. 2020-1230 dated of 7 October 2020, the ANSM is currently assessing the viability of a specific program in order to allow the medical use of cannabis, particularly for epilepsy, multiple sclerosis and palliative care. This program, which was initially scheduled until 26 March 2023, has been extended for one-year due namely to the low prescription rate in certain regions.

In its intermediate report on the evaluation of this program issued in September 2022, the Health Ministry mentions “a probable perpetuation of this experiment” provided that the legal framework of the cannabis and its reimbursement by social security scheme be quickly adapted, and the healthcare professionals be trained accordingly.

The unlawful transport, possession, offer, transfer, acquisition or use of narcotic substances is punishable by: (i) 10 years’ imprisonment and a fine of EUR 7,500,000 if committed by natural persons; or (ii) 10 years’ imprisonment and a fine of EUR 37,500,000 (and various other sanctions that lead to the entity’s dissolution) if committed by legal persons.

Recreational use

In France it is forbidden to produce, import and sell recreational cannabis containing THC.

On 13 January 2022, the French National Assembly dismissed a draft law related to the legalization of the production, offer and use of cannabis over the French government’s control.

CBD products are now marketable in France under the conditions detailed in the following chapter.

Industrial use

Pursuant to Article R. 5132-86-1 PHC and Decree No. SSAP2139161A dated of 30 December 2021, certain varieties of cannabis, without narcotic properties, can be used for industrial and commercial purposes under two cumulative conditions:

  • the plant is one of the authorized varieties of cannabis (Cannabis sativa L.);
  • and the plant as well as the end-product must have a THC content of less than 0.3%.

CBD as a pure substance is not defined as a narcotic pursuant to French law if the above-mentioned conditions are fulfilled. In particular, after a long legal battle led by associations and CBD companies, on 29 December 2022, the Highest French Administrative Court (“Conseil d’Etat”) finally cancelled the prohibition in principle to sale and consume the leaves and flowers of the plant containing CBD.

Hence, CBD is likely to be used in the composition of food, cosmetics and feed, if the specific conditions of the regulations applicable to these product categories are fulfilled.

Patentability

The French Intellectual Property Code provides that inventions whose commercial exploitation would be contrary to public policy shall not be patentable. Pursuant to this principle, if the invention is not contrary to public policy, then it is possible to obtain a patent.

Latest developments

In January 2023, the Economic, Social and Environmental Council positioned in favour of the decriminalization of the cannabis for recreational use for adults only.

Portrait ofJean-Baptiste Thiénot
Jean-Baptiste Thiénot
Partner
Paris
Portrait ofOceane Chambrion
Oceane Chambrion
Associate
Paris