It's been said time and again: CBD is legal in France. That's a fact. Cannabidiol, which is neither psychoactive nor addictive and has no significant side effects on health, is authorized for sale and consumption.
Can you grow CBD at home?
However, good quality CBD can be expensive. So, whether to save money or simply out of a passion for gardening, the idea of growing your own CBD can be appealing. But is it possible to cultivate CBD at home in France? What does the law say, what are the risks, and what permits are required? Here's a guide to answer these questions.
Is it possible to grow CBD in your garden?
Growing CBD is reserved for industrial and commercial use
Let's not prolong the suspense unnecessarily; the answer to this question is no. The legislation is very clear on this point, which isn't always the case for CBD legislation in France. Before going into detail, let's state it clearly.
It is illegal for a private 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 some individuals stems 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 those varieties of Cannabis sativa L. whose delta-9-tetrahydrocannabinol content does not exceed 0.30% and which are listed in the common catalogue of varieties of agricultural plant species or in the official catalogue of species and varieties of cultivated plants in France are authorized."
This article implies that the cultivation of CBD hemp is permitted, but it's important to remember that this only applies to strictly industrial and commercial settings, not to individuals. To cultivate CBD at home in France, you must therefore do so professionally, adhering to specific regulations and being properly registered.
Authorizations for cultivating CBD in France: Starting to cultivate CBD hemp is only possible after declaring your activity to the authorities.
No one can simply become a CBD producer overnight, 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 are registered, regular checks by the competent authorities should still be expected to verify that all the required conditions are met.
Conditions to be met by French CBD producers: Being a registered producer of CBD hemp does not exempt a farmer from complying with very specific cultivation conditions:
Only varieties of hemp (Cannabis Sativa L.) listed in the Common Catalogue of Varieties of Agricultural Plant Species or the Official Catalogue of Species and Varieties of Cultivated Plants in France may be grown. The THC content in each plant must not exceed 0.3% (the limit imposed by European regulations, applicable in all member states, including France). The sale and propagation of plants are prohibited; therefore, for each harvest, it is necessary to purchase authorized seeds. Farmers must also sign a contract with future buyers of the leaves and flowers before the start of the production season. This ensures that each hemp plant is guaranteed to find a buyer when needed. To ensure that these conditions are respected by the majority, a number of penalties are in place. Their purpose is to discourage home cultivation and trafficking.
Growing hemp at home: what are the risks? Growing CBD at home is not without risks
The severity of the penalty depends on many factors, including the variety cultivated, with the risk being much higher if the permitted THC level is exceeded. Whether cultivation is for personal use or for resale, and the existence of a criminal record, can also influence the sentence.
If the THC level exceeds 0.3%, and the variety is therefore not authorized, it is no longer referred to as CBD hemp, but as cannabis or marijuana, even though the plant is the same. The effects, due to the THC, are very different, with a more or less pronounced psychoactive effect (high) and a risk of addiction.
Growing this type of cannabis plant at home is an offense under the criminal policy for combating narcotics. It can result in fines of up to €7.5 million and 30 years in prison. The sale and/or trafficking of these plants by an organized group are obviously aggravating circumstances.
Growing CBD hemp at home in France without the appropriate permits is also subject to administrative and criminal penalties, even when it involves authorized varieties with a THC content.
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