We keep repeating it, CBD is legal in France. It's a reality. Cannabidiol, which is neither psychoactive nor addictive and does not present significant health side effects, is authorized for sale and consumption.
Can you grow CBD at home?
However, good quality CBD can be expensive. So, to save money or simply out of a passion for gardening, the idea of producing your own CBD can appeal. But is it possible to grow CBD at home in France? What does the law say, what are the risks and what authorizations must be obtained? Here is a guide to answering these questions.
Can you grow CBD in your garden?
Growing CBD is for industrial and commercial use only.
Let's not lengthen the suspense unnecessarily, the answer to this question is no. The legislation is very clear on this subject, which is not always the case for CBD legislation in France. Before we get into the details, let’s make this clear.
It is 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 among certain individuals comes in particular from a passage in the decree of December 30, 2021, which stipulates:
“Pursuant to article R. 5132-86 of the public health code , the cultivation, import, export and industrial and commercial use of only varieties of Cannabis sativa L., whose content in delta-9-tetrahydrocannabinol does not exceed 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. »
This article implies that the cultivation of CBD hemp is authorized, but we must not forget that this only concerns the strictly industrial and commercial context, and not individuals. To cultivate CBD at home in France, you must do it in a professional setting, respecting very specific conditions and being declared.
Authorizations to cultivate CBD in France Getting started in the cultivation of CBD hemp is only possible after declaring your activity to the authorities
No one can improvise as a CBD producer and obtaining authorization to cultivate CBD at home in France can take time. In all cases, the process begins with a declaration to the gendarmerie, accompanied by a declaration to the National Federation of Hemp Producers (FNPC).
Once these declarations have been registered, regular checks from the competent authorities should still be expected to ensure that all required conditions are met.
Conditions to be respected for French CBD producers Being a declared producer of CBD hemp does not exempt a farmer from respecting very specific cultivation conditions:
Only varieties of hemp (Cannabis Sativa L.) 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 may be cultivated. The THC level in each plant must not exceed 0.3% (rate imposed by European regulations, applicable in all member states, including France). The sale and cutting of plants is prohibited, it is therefore necessary, for each harvest, to purchase authorized seeds again. Farmers must also sign a contract with future buyers of leaves and flowers before the start of the production campaign. Thus, the harvest of each CBD hemp plant planted is guaranteed to find a buyer at the right time. To ensure that these conditions are respected by as many people as possible, a certain number of sanctions are provided for. Their aim is to deter home cultivation and trafficking.
Growing hemp at home: what are the risks? Growing CBD at home is not without risks
The severity of the sanction depends on many factors, notably the variety cultivated, with a much greater risk if the imposed THC level is not respected. The fact of growing for personal use or for resale and the existence or not of a criminal record can also influence the sentence.
In case of THC level above 0.3% When the THC level exceeds 0.3% and the variety is therefore not authorized, we no longer speak of CBD hemp, but of cannabis or marijuana, although the plant is the same. The effects, due to THC, are however very different, with a more or less marked psychoactive effect (high effect) and a risk of dependence.
Growing this type of cannabis plant at home is an offense that falls under criminal drug policy. It can result in penalties of up to 7.5 million euros fine and 30 years in prison. The marketing and/or organized trafficking of these plants are obviously aggravating circumstances.
In the event of undeclared CBD hemp cultivation Growing CBD at home in France without holding the appropriate 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 is the same as for growing cannabis. However, in the case of cultivation of varieties authorized for personal use, the penalty generally remains light, with judgments varying depending on the case.
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