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Cannabis as an ingredient in food or supplements (France)

In France, hemp and cannabidiol do not fall within the scope of the general ban on narcotics if they meet the follow-ing conditions: i) they must come from plant varieties listed in the common catalog of varieties of agricultural plant species or in the official catalog of plant species and varieties cultivated in France, ii) they must have a THC content of less than or equal to 0.3%. If these conditions are not met, the product could be considered as a narcotic drug, giv-ing rise to the risk of criminal prosecution for drug trafficking. Furthermore, with regard to the use of hemp or cannabidiol in foodstuffs, it is important to remember that this is no-tably governed by: - Regulation No. 178/2002, according to which no foodstuff may be placed on the market if it is detrimental to health or unfit for human consumption. - Regulation No. 315/93 laying down Community procedures for contaminants in foodstuffs and Commission Regulation No. 2023/915 on maximum levels for certain contaminants in foodstuffs. Furthermore, the Eu-ropean Food Safety Authority has established an Acute Reference Dose (ARfD), corresponding to the esti-mated quantity that can be ingested by the consumer over a short period of time without appreciable risk to health (1 µg/kg body weight). - Regulation No. 2015/2283 on novel foods: The French authorities consider that only hemp seeds and their derivatives (hemp seed oils, hemp seed flours, etc.), as well as leaves intended exclusively for the prepara-tion of aqueous infusions, or aqueous infusions of hemp leaves, can be marketed, as these foods have a history of consumption. All other parts of the plant, as well as cannabidiol and other cannabinoids, are not considered to have a history of consumption and must therefore be authorized before being placed on the market.  

This is general information rather than legal advice and is current as of 30 May 2024. We recommend you contact a specialised food lawyer for legal advice for your particular circumstances to support commercial decisions which could impact your product or business.


Julie Legay

France
QOLUMN, LAW FIRM