Just like THC, CBD is a phytocannabinoid primarily concentrated from the leaves and flowers of hemp, but with different effects. However, while THC is classified as a narcotic and its use is strictly prohibited, what about CBD?
Cosmetics and CBD: What does the legislation say?
- The evolution of CBD regulation in France
- The use of CBD in cosmetic products: what are the restrictions?
The evolution of CBD regulation in France.
The CBD, as an isolated molecule, is indeed authorised in France, which has been the subject of several tumultuous episodes. Indeed, its legislation has evolved over time.
Before 2018: CBD was regarded as a regulated substance and subjected to strict controls in France. Its use was limited and generally reserved for specific medical purposes (decree of 22nd August 1990).
2018: The Court of Justice of the European Union (CJEU) issued a ruling stating that CBD derived from the hemp plant should not be considered a drug and therefore should not be subject to strict restrictions.
19th November 2020: The CJEU rules the prohibition of member states from marketing CBD "legally produced in another member state when it is extracted from the Cannabis sativa in its entirety and not just from its fibres and seeds" as illegal. In France, the French regulation on CBD was deemed to be incompatible with European law. This has paved the way for a change in French legislation.
30th December 2021: A decree has been published regarding the regulation of hemp cultivation, industrial production of hemp extract, and the marketing of processed products derived from hemp in France, as well as the authorisation to use CBD and other non-narcotic hemp extracts, provided they come from the stem, fibres, or seeds of the plant. It has also aligned with the increase in the maximum permitted THC level in hemp plants from 0.2% to 0.3%. However, the marketing of CBD flowers and leaves intended for human consumption remained prohibited.
24th January 2022: Following an urgent appeal by professionals and traders in the sector, the Council of State has decided to invalidate the first paragraph II of Article 1 of the decree of 30th December 2021 by an order concerning the prohibition of selling raw flowers and leaves of only varieties of Cannabis sativa with a THC level of 0.3% or less, that is, without narcotic properties.
The use of CBD in cosmetic products: what are the restrictions?
According to European regulation 1223/2009, the incorporation of narcotics into cosmetology care is not permitted. Regarding CBD, the European Court of Justice has ruled: cannabidiol is not considered a narcotic or a drug, as it lacks psychoactive properties. Thus, the sale of products containing CBD is permitted in France, to the extent that some refer to it as "legal cannabis". However, to be compliant, marketed and made available in various forms, certain national restrictions must be adhered to, according to thedecree of 30th December 2021, which applies to all sectors and not just cosmetics.
The cultivation of hemp is limited to certain authorised sub-species and varieties listed in the common European catalogue, in line with the rules of the Common Agricultural Policy;
The extract of CBD cannot originate from the flowering tops of the plant. It must be extracted exclusively from the seeds and leaves of Cannabis sativa ;
Hemp extracts, as well as CBD-based products, must have a threshold of THC that does not exceed 0.3%. Otherwise, they fall under the penal policy against narcotics;
If THC is present as an impurity in the initial extract, its concentration and toxicity must be analysed in the product information file (PIF) by the safety assessor.
Products containing CBD, under penalty of criminal sanctions, cannot make therapeutic claimsunless they have been authorised as a medicine, and above all, they must adhere to the Common Criteria dictated by the Cosmetic Regulation.
Our CBD capsule is formulated in France from the leaves, and meets national standards.
Court of Justice of the European Union. Judgement in case C-663/18 B S and C A/Public Prosecutor and National Council of the Order of Pharmacists (19th November 2020).