We read it everywhere, CBD is authorized in France. It is totally true. Since cannabidiol is neither psychoactive nor addictive and does not present any major adverse side effects on health, it is authorized for sale and consumption.
Good quality CBD is still quite expensive, however. So, to save money or simply out of taste for gardening, it is tempting to produce your own CBD. But can you grow CBD at home in France ? What does the law say, what are the risks and any permissions to have ? Answers in this guide.
Can you plant CBD in your garden?
Let's not prolong the suspense unnecessarily, the answer to this question is no. The law is very clear on this subject, which is however not always the case when it comes to CBD legislation in France. Before going into details, let's say it once and for all.
It remains prohibited for an individual to cultivate CBD hemp in France.
It is therefore impossible to produce your own CBD for personal consumption, whether in your garden, on your balcony or indoors. The confusion on this subject by certain private individuals comes in particular from a passage of theOf the 30 December 2021, stating:
"In application of thearticle R. 5132-86 of the public health code, are authorized the cultivation, import, export and industrial and commercial use of only varieties of Cannabis sativa L., whose delta-9-tetrahydrocannabinol content is not greater than 0,30% and which are listed in the common catalog of varieties of agricultural plant species or in the official catalog of species and varieties of plants cultivated in France. »
If this article implies that cultivation of CBD hemp is allowed, it should not be forgotten that this concerns only one purely industrial and commercial framework, and therefore not individuals. To grow CBD at home in France, it must therefore be done in a professional setting, respecting very specific conditions and being declared.
Authorizations to grow CBD in France
Not everyone can become a cannabis grower and getting permission to grow CBD at home in France can take time. In all cases, the process begins by making a police report, accompanied by a declaration to the National Federation of Hemp Producers (FNPC).
Once these declarations have been recorded, it is still to be expected regular checks competent authorities who will seek to check that all the relevant conditions are met.
Conditions to be met for French CBD producers
Being a declared CBD hemp producer does not exempt a farmer from respecting very specific cultivation conditions:
- Only hemp plants (Cannabis Sativa L.) belonging to a variety listed in the common catalog varieties of agricultural plant species or in the official catalog species and varieties of plants grown in France can be grown.
- Le THC level in each plant should not be more than 0,3% (rate imposed by European regulations, applicable in all member states including France).
- The sale and cutting of plants are prohibited., it is therefore necessary, for each harvest, to go through the purchase of authorized seeds.
- Farmers must finally sign a contract with future buyers leaves and flowers before the start of the production campaign. The harvest of each planted CBD hemp plant is thus guaranteed to find a buyer at the right time.
In order to ensure that these conditions are respected by as many people as possible, a certain number of penalties have been put in place. They are intended to discourage home cultivation, as well as trafficking.
Growing hemp at home: what are the risks?
The size of the penalty depends on many factors, in particular the variety grown, with a much greater risk if the imposed THC level is not respected. The act of growing for a personal use or for resale and the existence or not of a criminal record may also cause the penalty to vary.
In case of THC level higher than 0,3%
When the THC level exceeds 0,3% and the variety is therefore not authorized, we no longer speak of CBD hemp, but rather cannabis or marijuana, even if the plant ultimately remains the same. The effects, due to THC, are nevertheless very different with a more or less pronounced psychoactive action (high effects) and a risk of addiction.
Growing this kind of cannabis plants at home is an offense that falls under the criminal policy of fight against narcotics. It can be accompanied by sorrows fine of up to 7,5 million euros et 30 years in prison. The marketing and/or organized gang trafficking of such plants are obviously aggravating circumstances.
In case of undeclared CBD hemp cultivation
Growing CBD at home in France without having the right authorizations is also liable to administrative and criminal sanctions, including when it comes to authorized varieties with a THC level <0,3%. Technically, the maximum penalty incurred is the same as for the cultivation of cannabis. In the event of cultivation of authorized varieties for personal use, the penalty remains generally light, with verdicts varying according to the case.
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