Cannabis law and legislation in France

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. 

However, Law no. 2023-1250 of 26 December 2023 on the financing of social security for 2024 authorizes manufacturing, importing and distributing cannabis-based medicines for medical purposes. 

Cannabis-based medicines are defined by Article L.5121-1 4° PHC.
The manufacture, importation and distribution of cannabis-based medicines including the culture and production of cannabis, may be allowed by the French Health Agency (ANSM) for a temporary period of 5 years for pharmaceutical establishments established in the European Economic Area, 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 Order of the 16 October 2020 setting the specifications of the cannabis-based medicinal products used during the experiment provided for in Article 43 of Law No 2019-1446 of 24 December 2019 on the financing of social security for 2020, the conditions under which they will be made available and the therapeutic indications or clinical situations in which they will be used, 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. 

The authorization issued by the ANSM may be suspended, withdrawn, or modified in particular for one of the following reasons:

• The medicinal product is harmful,
• The risk-benefit ratio is not presumed to be favourable,
• The qualitative and quantitative composition of the medicinal product is not as declared,
• The holder of the temporary authorization does not comply with the obligations imposed on him in application of Articles L. 5121-8-1 and L. 5121-24 PHC. 

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

Pursuant to Order of 16 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 until a cannabis-based medicine is approved and available, and no later than 31 December 2024. 

Manufacturing, marketing, brokering or distributing free of charge or against payment, wholesale or retail, a cannabis product without having obtained the authorization is punishable by five years' imprisonment and a fine of EUR 375,000 in application of Article L. 5421-6-3 PHC. 

The same penalties apply to any person who carries out, causes to be carried out, distributes, or causes to be distributed an advertisement for a cannabis-based medicinal product to the public, or distributes or causes to be distributed information to healthcare professionals.

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.

Pursuant to Article R. 5132-86-1 PHC and Order No. SSAP2139161A dated of 30 December 2021 implementing Article R.5132-86 PHC, 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.

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.

The matter of decriminalization of the cannabis for recreational used for adults only is highly disputed in France. In January 2023, the Economic, Social and Environmental Council positioned in favour while in Octobre 2023, the French National Academy of Medicine came out against arguing that it would be a serious health mistake.