CBD vaping in France: making sense of a legal grey area

Uncertainty governs the CBD e-liquids scenario in France after contradictory declarations by government authorities. The use of cannabidiol (CBD) in e-liquids is currently unregulated, and in a grey area as no law or competent authority has officially confirmed the legality of its use in an e-cigarette as a consumer product. Therapeutic claims, however, are forbidden without a medical market authorisation.

The Decree of 22nd August 1990 implementing Article R. 5132-86 of the Public Health Code authorises the cultivation, import, export, industrial and commercial use of fibres and seeds from varieties of the hemp plant Cannabis sativa L that have a THC content of not more than 0.20%.

As only fibres and seeds from the hemp plant can legally be used for commercial or industrial purposes in France, the transformation of the flowers, including the extraction of CBD from hemp flowers, is not possible from a legal perspective. Most CBD used as a raw material for different kinds of products comes from outside France.

If CBD is used alongside nicotine in a vapour product then it must comply with all relevant provisions developing from the implementation of the EU Tobacco Products Directive (TPD) in France.


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