Since 15 May, inspectors from France’s DGAL and DGCCRF have been removing sublingual oils, gummies, infusions, capsules and drinks containing CBD from French shops. The trade bodies UPCBD and UIVEC challenged the plan at the Conseil d’État on 10 June and, according to Business of Cannabis, a hearing is expected this autumn. For anyone producing or distributing CBD from Spain, the outcome will set the terms of trade in one of Europe’s largest hemp markets.
What has changed in France
On 15 April, the Directorate General for Food (DGAL) met the sector’s main organisations (SPC, UIVEC, AFPC, UPCBD and Synadiet) to present its national control plan for 2026. The plan covers every food and food supplement containing CBD, THC or any other cannabinoid, and provides for the withdrawal of any product that mentions CBD on its label, whatever the content.
The legal basis is Regulation (EU) 2015/2283 on novel foods. CBD has been listed in the EU Novel Food Catalogue since January 2019 and, to date, no product has received that authorisation in the EU. Until April the French authorities had in practice tolerated these sales; now they are applying the rule to the letter.
Flowers and resins with less than 0.3% THC remain legal, protected by the Conseil d’État’s December 2022 ruling, as do cosmetics governed by Regulation (EC) 1223/2009 and vape e-liquids. The checks target businesses, not consumers.
The case against the plan
UIVEC and UPCBD are asking for two things: an interim suspension of the plan (référé-suspension) and its annulment on the merits. Their core argument is legitimate expectations. For almost three years several government bodies worked with the sector under a shared framework, and around 800 CBD food supplements received the relevant declaration certificate. Companies developed products and invested on the strength of that published doctrine, which was reversed overnight.
By mid-July the court had still not ruled on the suspension request. In the meantime the plan remains in force and products continue to be withdrawn.
What is at stake
The French hemp and CBD sector turns over about €200 million and has around 2,500 specialist shops, a network of 20,000 pharmacies and close to 2,000 growers. France farms more than 18,000 hectares of hemp, the largest area in Europe. Edible CBD accounted for roughly 40% of specialist shops’ turnover, so the withdrawal hits their bottom line directly.
There is also a less visible problem: many commercial policies exclude CBD stock through broad clauses on “regulated substances”, leaving inventory, a shop’s main asset, uninsured.
A tightening European framework
The French move follows EFSA‘s provisional safe intake level of 0.0275 mg of CBD per kilo of body weight per day, about 2 mg a day for a 70 kg adult. That threshold applies only to CBD of 98% purity or higher, and EFSA could not establish safety for people under 25, pregnant or breastfeeding women, or anyone taking medication. On those numbers, many of the oils sold today would struggle to fit a future authorisation.
Business implications
- French channel: any CBD product meant to be ingested is off the market until a novel food authorisation exists. Review the range you ship to French customers.
- Contracts: agree with distributors and retailers who bears the cost of withdrawals, returns and frozen stock.
- Insurance: check whether your policy excludes cannabinoid stock before you need to make a claim.
- Product mix: flower, resin, cosmetics and e-liquids are still legal in France, but each category has its own rules and its own risks.
- Precedent: the Conseil d’État’s ruling will be a reference point for other member states considering applying the novel food rules just as strictly.
Where this will be discussed
Regulation, novel food and access to neighbouring markets will be on the agenda at Spannabis B2B Bilbao 2027, on 11 March in the BEC’s VIP Hall. It is the place to close deals with European distributors who already work under different rules in every country. You can get your ticket or book a B2B table to meet buyers and partners from across the industry.