CBD is legal in France and Europe: regulatory framework, THC threshold and points to consider

Is CBD legal? Short answer

Yes, CBD can be legal in France and Europe, but only under certain conditions. A product simply bearing the label "CBD" is not automatically compliant. Its legality depends on several criteria: the hemp variety used, the delta-9-THC content, the product's form, its intended use, its labeling, its marketing method, and the regulations applicable to its category.

In France, the decree of December 30, 2021, is one of the key regulations. It governs, in particular, the cultivation, import, export, and industrial and commercial use of certain varieties of Cannabis sativa L. It also stipulates that the delta-9-THC content of hemp extracts and products containing them must not exceed 0.30%.
Consult the decree of December 30, 2021, on Légifrance.

This concise answer, however, requires some qualification. A product may comply with the THC threshold but still be subject to other regulations, such as Novel Food regulations when it is a food product or dietary supplement containing CBD. Therefore, the legality of CBD cannot be summed up in a single sentence.

To fully understand the scientific basis, see:
CBD: scientific definition of cannabidiol.

CBD and THC: why the distinction is central

The distinction between CBD and THC is central to the legal framework. CBD, or cannabidiol, is a non-psychoactive cannabinoid. THC, or delta-9-tetrahydrocannabinol, is a strictly regulated psychoactive molecule. This difference explains why CBD can be authorized under certain conditions, while products containing THC fall under a different legal framework.

THC can alter perception, alertness, coordination, and state of consciousness. CBD does not produce the euphoric effect associated with THC-rich cannabis. This difference has been highlighted in several institutional decisions and analyses, particularly in the European context.

The World Health Organization states that cannabidiol, in its pure form, does not appear to present a potential for abuse or addiction comparable to some controlled substances.
Read the WHO publication on cannabidiol.

To delve deeper into the difference between the two molecules:
CBD vs THC: differences, effects, legal status and points of vigilance.

The decree of December 30, 2021: key text on CBD in France

The decree of December 30, 2021, implementing Article R. 5132-86 of the Public Health Code, is one of the key texts for understanding CBD in France. It defines the conditions under which certain varieties of Cannabis sativa L. can be cultivated, imported, exported, and used for industrial and commercial purposes.

This text stipulates, in particular, that only certain varieties of Cannabis sativa L. may be used, subject to compliance with applicable conditions. It also specifies the delta-9-THC threshold applicable to hemp extracts and products containing them. Official source:
Decree of December 30, 2021 — Légifrance.

A text modified by court decisions

The decree of December 30, 2021, initially prohibited the sale of raw flowers and leaves in all their forms to consumers. This prohibition was challenged and resulted in a landmark decision by the Council of State. The French legal framework must therefore be interpreted in light of the decisions rendered after the decree's initial publication.

This is why it is important not to settle for a partial reading of the text. CBD law in France has been built up through decrees, appeals, decisions of the Council of State, and the influence of European law.

The THC threshold of 0.30%: what it really means

The 0.30% delta-9-THC threshold is one of the most frequently cited points in the CBD sector. In France, hemp extracts and products containing them must not exceed this content. This threshold serves as a regulatory benchmark to distinguish compliant hemp products from those that do not.

However, it is important to understand what this threshold means, and what it does not mean. The 0.30% threshold is not a promise of total risk-free operation. It does not guarantee that a product is suitable for all uses or that it will never cause problems during screening. It is a regulatory threshold, not a threshold of absolute safety.

Why THC levels need to be checked by analysis

A product's appearance, smell, or brand name cannot indicate its THC content. Only reliable testing can verify compliance. Ideally, these tests should be linked to a specific batch and indicate the measured cannabinoid levels.

To enhance transparency, a reputable product should be able to provide a certificate of analysis indicating at a minimum the CBD level, the delta-9-THC level, the date of analysis, the method used, the laboratory and the batch identification.

Further information:
Laboratory analyses: CBD, THC, contaminants and compliance.

CBD flowers and leaves: major decision by the Council of State

The sale of CBD flowers and leaves has been one of the most sensitive issues in the French market. The decree of December 30, 2021, initially prohibited the sale of raw flowers and leaves to consumers, even when they came from low-THC varieties. This prohibition was overturned by the Council of State.

On December 29, 2022, the Council of State overturned the general and absolute ban on the sale of cannabis flowers and leaves without narcotic properties, provided their THC content is below the legal threshold. The Council of State specifically noted that CBD has no psychotropic effects and does not cause addiction.
Read the official press release from the Council of State.

The full decision is available on Légifrance:
Council of State, decision of December 29, 2022.

What this decision changes

This decision clarified the French legal framework by deeming a blanket ban on low-THC flowers and leaves disproportionate. However, it does not mean that every product marketed as CBD is automatically compliant. Composition, THC levels, traceability, testing, and marketing presentation remain essential.

The CJEU ruling C-663/18: a European turning point for cannabidiol

European law has significantly influenced the French legal framework. The ruling of the Court of Justice of the European Union in Case C-663/18, issued on November 19, 2020, is a landmark decision for CBD. The CJEU held that a Member State cannot prohibit the marketing of CBD legally produced in another Member State when such a prohibition is not proportionately justified by a public health objective.

This decision is important because it distinguishes CBD from narcotic cannabis within the context of EU law. It also serves as a reminder that national restrictions must be appropriate, necessary, and proportionate.
Read the CJEU judgment C-663/18 on cannabidiol.

What the European ruling does not say

The CJEU ruling does not mean that all CBD products are authorized in all forms, without rules or controls. It means that CBD cannot automatically be classified as a narcotic when it does not exhibit the characteristics of THC, and that prohibitions must be justified. Member States retain the authority to regulate products according to their use, composition, and identified risks.

The different categories of CBD products: legality depends on the type of product

Not all CBD products fall under the same regulations. This is one of the most common misconceptions about cannabidiol. A CBD flower, an oil, an extract, a cosmetic, an infusion, a food supplement, or a resin are not analyzed in exactly the same way by the authorities.

CBD Flowers

CBD flowers are hemp flowers with a low THC content. Their compliance depends primarily on the delta-9-THC level, the variety used, traceability, and available analyses. Their appearance is never a reliable indicator of compliance.

CBD Oils

CBD oils may contain a hemp extract combined with a carrier oil. Their regulatory status depends primarily on their composition, intended use, and classification. An oil marketed as food, cosmetic, or otherwise is not necessarily subject to the same requirements.

CBD Resins

CBD resins are concentrated products derived from hemp. They must comply with applicable limits and be accompanied by reliable analyses. Their cannabinoid concentration makes these controls particularly important.

CBD cosmetics

Cosmetics containing CBD fall under the regulations applicable to cosmetic products. They are intended for external use and must comply with the labeling, safety, and composition rules specific to this category.

Food products and supplements

Food products containing CBD or certain hemp extracts may be subject to Novel Food regulations. This is a major point, distinct from the simple THC threshold.

CBD food and Novel Food: a sensitive European framework

Novel Food status applies to foods or ingredients that were not consumed in significant quantities in the European Union before May 15, 1997. Cannabinoids and certain hemp extracts may be affected when used in food or food supplements.

The European Commission provides a Novel Food catalogue that allows users to check the status of numerous ingredients, including certain hemp extracts and cannabinoids.
Consult the European Commission's Novel Food catalogue.

In February 2026, EFSA published an important update on cannabidiol as a Novel Food. The European authority established a provisional safety level for certain food supplement formulations containing CBD that is at least 98% purified and free of nanoparticles, provided that the production process is deemed safe and genotoxicity is ruled out.
Read the EFSA 2026 publication on CBD as a Novel Food.

Why Novel Food is important

Novel Food demonstrates that a CBD product's compliance doesn't depend solely on its THC content. A food product can raise specific regulatory questions even if its THC level meets the applicable threshold. This distinction is crucial for both professionals and consumers.

CBD and cosmetics: a different framework than food products

CBD cosmetics are intended for application to the skin. They should not be confused with food or supplements. They fall under the European cosmetics regulation, with obligations concerning safety, labeling, composition, claims, and responsibility for placing products on the market.

The European Commission provides the CosIng database, which allows you to consult information relating to cosmetic ingredients.
Consult the European CosIng database.

Cosmetic claims

A CBD cosmetic product must not be presented as a medicine. Its claims must remain within the realm of cosmetics: skincare, comfort, hydration, texture, and skin protection, depending on the formulation. It must not claim to treat any skin disease or medical condition.

CBD, driving and THC testing: the key point of vigilance

Driving is one of the most sensitive issues surrounding CBD. Even though CBD is not psychoactive like THC, some CBD products may contain traces of THC within legal limits. However, THC can be detected during roadside checks.

This means that a legally marketed product does not necessarily guarantee a complete absence of risk in the event of a screening test. Consumers should be particularly careful, especially if they drive, operate machinery, hold a position of responsibility, or are subject to testing.

The official French website on CBD highlights several points of caution related to CBD products.
Consult the official Drogues.gouv.fr website on CBD.

Related article:
CBD, driving and THC testing: what you need to know.

Labelling, claims and responsible communication

CBD regulations don't just concern the product's composition. They also concern how the product is presented. The words used on a label, product information sheet, sales page, or blog post can have consequences. Presenting CBD as a medicine, promising a cure, or claiming an unauthorized therapeutic effect can be problematic.

Avoid medical claims

A CBD product sold outside of a pharmaceutical framework should not be presented as capable of treating, preventing, or curing any disease. Formulations should remain cautious and informative. It is preferable to discuss well-being, quality, traceability, compliance, composition, or traditional use when relevant, rather than promising medical effects.

Inform without inciting

Responsible content must explain the legal framework, scientific limitations, precautions, screening risks, potential interactions, and the need to verify test results. The goal is to help the reader understand, not to trivialize the subject.

Transparency and useful documents

Useful documents may include certificates of analysis, technical data sheets, traceability information, batch numbers, detailed compositions, and regulatory information specific to the product category.

What consumers should check before buying a CBD product

An informed consumer should take the time to check several elements before buying or using a CBD product. Price, brand name, or packaging design are not enough to assess compliance or quality.

• The advertised CBD level.
• The delta-9-THC level.
• The presence of a recent certificate of analysis.
• The product batch number.
• The origin of hemp.
• Product category: flower, oil, cosmetic, food, supplement, resin.
• Precautions for use.
• The absence of abusive medical claims.
• The clarity of the labeling.
• Transparency from the seller or manufacturer.

This vigilance is essential, as the CBD market can contain products of very different quality. A serious approach relies on information, evidence, and transparency.

FAQ: Legality of CBD in France and Europe

Is CBD legal in France?

Yes, CBD is permitted under certain conditions. Hemp extracts and products containing them must, in particular, have a delta-9-THC content of 0.30% or less, in accordance with the decree of December 30, 2021. Other rules may apply depending on the product category.

Does a THC threshold of 0.30% make a product completely risk-free?

No. The 0.30% threshold is a regulatory limit. It does not guarantee the complete absence of risk, particularly in cases of THC testing, driving, or use by susceptible individuals.

Are CBD flowers legal?

Cannabis flowers and leaves without intoxicating properties can be sold when they comply with applicable regulations, particularly regarding the THC threshold. The Council of State has overturned the general and absolute ban that targeted them.

Is CBD considered a narcotic?

CBD should not be confused with THC. The CJEU has helped to distinguish cannabidiol from narcotic substances under European law, when the product does not exhibit the properties of THC.

Can a CBD product contain THC?

Yes, some CBD products may contain traces of THC within the legal limit. That's why laboratory testing is important.

Is it safe to drive after using CBD?

Caution is advised. Traces of THC may be present in some CBD products and could be detected during roadside checks. Drivers should avoid taking any risks.

Is CBD in food automatically permitted?

No. Food products containing CBD or certain hemp extracts may be subject to Novel Food regulations. Compliance with the THC threshold is not always sufficient to guarantee food safety.

Do CBD cosmetics follow the same rules as food?

No. Cosmetics fall under the European cosmetics framework, while food products may fall under the Novel Food framework. The product category is therefore essential.

Why should we avoid medical claims surrounding CBD?

Because a CBD product sold outside of a pharmaceutical framework must not be presented as a medicine. Claims of treating, curing, or preventing a disease must be avoided if they are not authorized.