Yes, CBD is permitted in France, but under conditions. The rule fits on one line: the product must come from an authorised hemp variety and must not exceed 0.3% Δ9-THC. Above that, it is no longer "CBD" in the eyes of the law, it is a narcotic.
This framework covers flowers, resins and finished products. It was built in three stages: a ruling by the European courts in 2020, a French arrêté (ministerial order) at the end of 2021, and a decision by the Conseil d'État (France's supreme administrative court) at the end of 2022. Two decisions by the ANSM (France's medicines agency), in 2023 and 2024, then took HHC and its cousins off the market.
This guide sets out the position as of September 2026. Hemp law changes often: the texts are listed at the bottom of the page, so check them before any important decision.
Key points — In France, a CBD product is permitted if it comes from a variety of Cannabis sativa L. listed in the catalogue and contains at most 0.3% Δ9-THC (arrêté of 30 December 2021). The sale of raw flowers and leaves has been allowed since the Conseil d'État decision of 29 December 2022. Still prohibited: therapeutic claims, cannabinoids classed as narcotics (HHC, HHCP, THCP, H4-CBD…), cultivation by private individuals, and any product above the limit. A compliant product can still turn a roadside drug test positive.
Is CBD legal in France? The rule in three conditions
The word "legal" is misleading when used on its own. CBD, the molecule, is not classed as a narcotic. But a CBD product is only permitted if it ticks three boxes at the same time.
An authorised hemp variety
The arrêté of 30 December 2021 only authorises varieties of Cannabis sativa L. listed in the European Union's common catalogue of varieties of agricultural plant species, or in the official French catalogue. Flowers and leaves must come from plants grown from certified seed. Only active farmers, within the meaning of European and national regulations, may grow them. Selling plants and taking cuttings are prohibited.
No more than 0.3% Δ9-THC
The ceiling applies to the plant, but also to extracts and to the products containing them. It was 0.2% before this arrêté. It is THC that is capped, not CBD: there is no legal limit on the CBD content. What counts is the Δ9-THC line of the analysis.
A product sold with no health promise
A CBD product is not a medicine. Presenting it as one tips it into illegality, even if its composition is beyond reproach.
The three texts behind the current framework
The CJEU "Kanavape" ruling (19 November 2020)
Case C-663/18 concerned a CBD e-cigarette, with CBD produced in the Czech Republic from the whole plant. The Court of Justice of the European Union held that CBD is not a narcotic within the meaning of the international conventions, and that a Member State cannot prohibit the marketing of CBD lawfully produced in another Member State. A restriction remains possible, but it must be justified by the protection of public health and be proportionate. It was this ruling that forced France to rewrite its regulations.
The arrêté of 30 December 2021
Issued under article R. 5132-86 of the Code de la santé publique (French Public Health Code), it replaces the old arrêté of 1990. It authorises the cultivation, import, export and industrial and commercial use of authorised hemp varieties, sets the limit at 0.3%, and lays down the conditions seen above. Originally, its article 1 (II) also prohibited the sale of raw flowers and leaves to consumers, as well as possessing and consuming them.
The Conseil d'État decision of 29 December 2022
After a challenge brought by industry professionals, the Conseil d'État first suspended this ban in interim proceedings, in January 2022, then annulled it in its decision no. 444887. The general and absolute ban was found to be disproportionate. In its view, the consumption of flowers and leaves below 0.3% THC does not create a risk to public health that would justify such a measure. And the THC level can be checked with quick, inexpensive tests. The rest of the arrêté, including the limit and the varieties, is still in force.
Flowers, resins, finished products: what may be sold
- Raw flowers and leaves: allowed for sale to consumers since the 2022 decision, below 0.3% Δ9-THC. This is the case of CBD flowers such as Strawberry, a Dutch indoor flower listed at 16.94% CBD.
- Resins and hash: these are hemp-derived products, subject to the same 0.3% ceiling. Their CBD content is higher because the material is concentrated, like Gorilla Hash at 48.55%. The THC ceiling, however, does not move. The whole CBD resins range falls under this rule.
- Extracts and finished products (e-cigarette liquids, cosmetics): permitted under the same limit, plus the rules specific to each product category.
- Other natural cannabinoids: as of September 2026, CBG and CBN are not on the list of narcotics. The ANSM decision of June 2024 in fact explicitly excludes CBN from its scope.
A word on use. The law does not say how to consume a flower. Public health does: combustion is harmful whatever the plant, and smoking hemp is anything but harmless.
What is still prohibited in 2026
Therapeutic claims
Only a medicine holding a marketing authorisation can claim an effect on a disease. The MILDECA (the French government's anti-drug agency) points this out: any advertising attributing a therapeutic effect to CBD is prohibited. A seller who writes that their product "cures" or "treats" is breaking the law.
HHC, THCP, H4-CBD and the other derivatives
The ANSM placed HHC, HHCO and HHCP on the list of narcotics from 13 June 2023. A second decision, applicable from 3 June 2024, added H4-CBD, H2-CBD and derivatives of the benzo[c]chromene core such as THCP and HHCPO. Production, sale and use are prohibited. The full story is in why HHC, HHCP and THCP are banned.
Any product above 0.3%
A product that exceeds the limit is a narcotic, whatever its label says. Illegal use of narcotics is punishable by one year's imprisonment and a €3,750 fine (article L3421-1 of the Code de la santé publique). The same article allows the prosecution to be ended by a fixed fine (amende forfaitaire) of €200. Selling, for its part, falls under drug-trafficking legislation, with far heavier penalties.
CBD foods
CBD is regarded as a "novel food" within the meaning of European law: it needs an authorisation following an assessment by EFSA. At the last update of the MILDECA page consulted (May 2025), none had been granted, and the agency considers that CBD foods sold in France are being sold illegally.
Growing at home
Reserved for active farmers, with certified seed. Growing a few "CBD" plants on your balcony does not fit within the framework.
Sales to minors
For vaping products, the ban on sales to under-18s is written into article L3513-5 of the Code de la santé publique. For flowers and resins, we have not found a text specific to CBD. The point is therefore not settled here. In practice, CBD is not recommended for minors or for pregnant or breastfeeding women, and if you are on medical treatment, medical advice is essential.
Driving after using it
This is the main trap. Article L235-1 of the Code de la route (French Highway Code) provides for no THC threshold, and the Cour de cassation (France's highest criminal court) ruled on 21 June 2023 that the offence is made out whatever the dose and whatever the origin of the THC. Details in CBD and driving and saliva test after CBD.
What you should check before buying
- A per-batch certificate of analysis. The COA must come from an independent laboratory and carry a batch number, a date, and a Δ9-THC line with a figure. Demand it from any seller. To read it without being fooled: decoding a COA.
- The list of cannabinoids. HHC, HHCP, THCP, H4-CBD or a name ending in "-P" or "-O" that you do not recognise: walk away.
- The seller's pitch. A promise of a cure or a "recommended" dosage: bad sign. There is no official dosage for these products.
- The seller's identity. Complete legal notices, an identifiable company, an address, a means of contact.
- An effect advertised as "powerful" or "a high". CBD does not get you high. A product sold on that promise contains something else, or is lying.
The most common misreadings
- "Permitted in France, so permitted elsewhere." Wrong. Every country has its own rules, and some treat CBD as a narcotic. See travelling with CBD.
- "0.3% is negligible." One gram of flower at 0.3% can contain up to 3 mg of THC. That is too little for a marked psychoactive effect, but enough to be measured by a laboratory.
- "With my invoice, I risk nothing at the wheel." The invoice does not erase the presence of THC in an analysis.
If you are stopped with flowers on you
A compliant hemp flower looks and smells exactly like narcotic cannabis. An officer cannot tell the difference without an analysis. A check can therefore lead to the product being seized while it is verified. So keep the product in its original packaging, with the label and the invoice to hand. It is not immunity; it is what lets the doubt be cleared up fastest.
Sources
- Cour de justice de l'Union européenne, judgment of 19 November 2020, case C-663/18, known as "Kanavape".
- Arrêté du 30 décembre 2021 portant application de l'article R. 5132-86 du Code de la santé publique, Journal officiel of 31 December 2021.
- Conseil d'État, décision n° 444887 du 29 décembre 2022, annulment of the ban on selling flowers and leaves.
- ANSM, décision du 12 juin 2023 classing HHC, HHCO and HHCP as narcotics.
- ANSM, décision applicable au 3 juin 2024 adding new cannabinoids to the list of narcotics.
- MILDECA, « Le CBD », page updated on 21 May 2025.
- Code de la santé publique, article L3421-1 (illegal use of narcotics) and article L3513-5 (sale of vaping products to minors).
- Cour de cassation, chambre criminelle, 21 juin 2023, pourvoi n° 22-85.530.
