Yes, CBD is legal in France. Under the ministerial order of 30 December 2021, hemp varieties may be grown, imported and used commercially when their THC content does not exceed 0.30%, and hemp extracts and products made with them must also stay at or below 0.30% THC. In December 2022, France's highest administrative court, the Conseil d'État, annulled the part of the order that banned the sale of raw hemp flowers and leaves. CBD products must also meet the rules for their category, such as the EU Cosmetics Regulation. Formula Swiss CBD oils are notified as cosmetics in the EU, with THC under 0.2% or THC-free.
Key facts
- Is CBD legal?
- Yes, when the product contains no more than 0.30% THC
- Main legal text
- Ministerial order of 30 December 2021 on hemp (it raised the THC limit from 0.2% to 0.30%)
- Hemp flowers and leaves
- The ban on selling them to consumers was annulled by the Conseil d'État on 29 December 2022 (No 444887)
- CBD cosmetics
- Covered by the EU Cosmetics Regulation; products must be notified in the EU portal (CPNP)
- CBD in food
- Treated as a novel food in the EU, which needs authorisation before sale
- Our oils
- Notified as cosmetics (CPNP), full spectrum under 0.2% THC or THC-free
The rules: the order of 30 December 2021
French hemp rules are set by a ministerial order (arrêté) of 30 December 2021. It replaced older rules that allowed only the fibre and seeds of hemp to be used commercially. The order has three key parts:
- Varieties: only varieties of Cannabis sativa L. whose THC content does not exceed 0.30% may be grown, imported, exported and used industrially and commercially.
- Flowers and leaves: the order limited their use to the industrial production of hemp extracts and banned their sale to consumers. This part was later annulled (see below).
- Extracts and products: the THC content of hemp extracts, and of the products that contain them, must not exceed 0.30%.
The Conseil d'État decision of December 2022
On 29 December 2022, the Conseil d'État annulled section II of the order, which banned the sale of raw hemp flowers and leaves (decision No 444887). The court found that CBD has no psychotropic effect and does not cause dependence, and that consuming hemp varieties with less than 0.30% THC does not create risks to public health that would justify a general ban. It also noted that the THC content of flowers and leaves can be checked with rapid tests.
The 0.30% THC limit for extracts and the products that contain them still applies.
Where it started: the Kanavape case
The current French rules followed a case that began in Marseille. Two company directors were prosecuted for selling a CBD e-cigarette liquid made in the Czech Republic from the whole hemp plant, because French rules at the time allowed only the fibre and seeds to be used. In November 2020, the Court of Justice of the European Union ruled that a member state may not ban CBD lawfully produced in another member state, and that CBD "does not appear to have any psychotropic effect or any harmful effect on human health". A ban can only be justified if the risk to public health is sufficiently established (case C-663/18).
Which rules apply to which CBD product?
| Product type | Main rules | What it means |
|---|---|---|
| Cosmetics (oils for the skin, balms, creams) | EU Cosmetics Regulation (EC) No 1223/2009, plus the 0.30% THC limit | Safety assessment, product information file and notification in the CPNP before sale |
| Food and food supplements | EU Novel Food Regulation (EU) 2015/2283, plus the 0.30% THC limit | CBD extracts are novel foods and need EU authorisation before they can be sold as food |
| Hemp flowers and leaves | Order of 30 December 2021 as amended by the Conseil d'État decision | Sale is no longer banned; the 0.30% THC limit applies |
| Products with more than 0.30% THC | French narcotics law | Not covered by the hemp rules |
The European Food Safety Authority (EFSA) said in 2022 that the safety of CBD as a novel food could not yet be established, and updated its statement in 2026 with a provisional safe intake for food supplements made with highly purified CBD (EFSA, 2022 and 2026). Read more in our article on CBD as a novel food in the EU.
CBD and driving in France
CBD itself is not intoxicating. French road law (Article L235-1 of the Code de la route) penalises driving after the use of substances classified as narcotics, as shown by a test, and it does not set a minimum THC level. Full-spectrum hemp products contain small amounts of THC, so if you drive, a THC-free product is the safer choice. Read our guide to CBD, drug tests and driving.
From our experience
All our CBD oils are notified as cosmetics in the EU's CPNP portal, and each has a detailed product information file. Our full-spectrum oils contain less than 0.2% THC, below the French limit of 0.30%, and for 99.9% of those batches the measured THC is between 0.12% and 0.17%. Our broad-spectrum oils are THC-free. Every production batch is tested, and the THC content is printed on each label to two decimal places.
Frequently asked questions
Is CBD oil legal in France?
Yes. CBD products are legal in France when their THC content does not exceed 0.30%. A CBD oil must also meet the rules for its product category, for example the EU Cosmetics Regulation for oils sold as cosmetics.
What is the THC limit for CBD in France?
0.30%. The order of 30 December 2021 sets this limit for hemp varieties and for hemp extracts and the products that contain them.
Are CBD flowers legal in France?
The order of 30 December 2021 banned the sale of raw hemp flowers and leaves to consumers, but the Conseil d'État annulled that ban on 29 December 2022. The 0.30% THC limit still applies.
Can I drive after using CBD in France?
CBD itself is not intoxicating, but French road law penalises driving after the use of narcotics such as THC without a minimum level. Full-spectrum products contain small amounts of THC, so a THC-free product is the safer choice if you drive.
Can I order CBD oil from another EU country to France?
Yes. In the Kanavape case, the EU Court of Justice ruled in 2020 that a member state may not ban CBD lawfully produced in another member state unless a risk to public health is sufficiently established.
Are Formula Swiss CBD oils legal in France?
Yes. Our CBD oils are notified as cosmetics in the EU (CPNP). The full-spectrum oils contain less than 0.2% THC, below the French limit of 0.30%, and the broad-spectrum oils are THC-free.
Related guides
This article is general information about the law as of the review date below. It is not legal advice, and laws can change. Formula Swiss CBD oils are sold as cosmetics for use on the skin. They are not food supplements or medicines and are not intended to diagnose, treat, cure or prevent any disease.
Last reviewed:
Sources
- Conseil d'État. Decision No 444887 of 29 December 2022, and the court's summary: CBD : annulation de l'arrêté interdisant la vente des fleurs et feuilles de cannabis sans propriétés stupéfiantes.
- Arrêté du 30 décembre 2021 portant application de l'article R. 5132-86 du code de la santé publique. Légifrance.
- Court of Justice of the European Union. Judgment in case C-663/18, B S and C A (Kanavape), press release No 141/20, 19 November 2020.
- EFSA Panel on Nutrition, Novel Foods and Food Allergens. Statement on safety of cannabidiol as a novel food: data gaps and uncertainties. EFSA Journal 2022;20(6):e07322. doi:10.2903/j.efsa.2022.7322
- EFSA Panel on Nutrition, Novel Foods and Food Allergens. Update of the statement on safety of cannabidiol as a novel food. EFSA Journal 2026;24(2):e9862. doi:10.2903/j.efsa.2026.9862
- Code de la route, Article L235-1. Légifrance.
- Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products. EUR-Lex
- Formula Swiss. Registered, compliant and legal products and quality control.
