France: No ban on hemp with low THC content!

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About a year ago, in early 2022, French cannabis legislation was chaotic. At first, unprocessed product was banned even with THC content below 0.3%. Just one month later, however, a court suspended enforcement of this boondoggle. Almost exactly one year after the original decree of 30.12.2021, the French Council of State has now reversed its own decision. So, since the end of December, it is now clear that France currently continues to follow the EU standard, which basically allows CBD products with less than 0.3% THC.

In full detail, this political skirmish was documented in the IG Hanf article pasted below. If you are more interested in the legal situation in another country, you can find a compilation of the state of affairs in our neighboring countries in our vacation guide.

France: repeal of the decree prohibiting the sale of cannabis flowers and leaves with low THC content

The Council of State of France annuls the Decree of December 30, 2021, which prohibits the sale of cannabis flowers and leaves with a THC content of less than 0.3%. The competent authority notes that CBD has no psychotropic properties, is not addictive and therefore cannot be considered a narcotic. The State Council further states that it has not been proven that the consumption of flowers and leaves of such cannabis varieties with low THC content poses a risk to public health. Therefore, the general and absolute prohibition concerning marketing of such products was declared illegal.

The French Public Health Code (Article R. 5132-86) prohibited the production, marketing, possession, purchase, or consumption of cannabis (flowers, leaves, resin, and products derived therefrom). However, it provided that “the cultivation, importation, exportation, and industrial and commercial use of cannabis varieties that do not have narcotic properties” could be authorized under certain conditions.

Based on this exemption, an interministerial decree of December 30, 2021, allowed the use of flowers and leaves exclusively from cannabis varieties with a THC content of 0.3% or less for the production of extracts that in turn comply with this value. However, at the same time, the decree prohibited the sale of flowers and leaves “in the raw” of such varieties to end users, regardless of the form of the final product (herbal teas, oils, CBD cosmetics…).

The State Council’s temporary restraining order judge, seized of an emergency case in early 2022, had suspended enforcement of that ban in an order dated January 24, 2022. The State Council decided on December 29, 2022 in the matter and considers the general and absolute ban on the marketing of cannabis leaves and flowers in the raw state with low THC content, i.e. without psychotropic properties (<0.3%), to be disproportionate. It therefore cancels this prohibition, which was established by the decree of December 30, 2021, was set at.

CBD has no psychotropic effect and is not addictive.

The clarifications carried out by the State Council on the matter revealed that the content of CBD and THC varies greatly between the different cannabis varieties. These two substances, CBD and THC, are the main cannabinoids found mainly in the flowers and leaves of cannabis, are very different in terms of effect. The scientific data submitted by the parties have shown that CBD has decramping and relaxing properties and an antispasmodic effect, but unlike THC, it has no psychotropic effect and is not addictive. Thus, cannabis strains with a low THC content (<0.3%), are not classified as addictive substances.

CBD does not create a public health risk that warrants a blanket and absolute ban.

In assessing the legality of the ban decision, the State Council first recalls that such a ban must be justified in terms of the public health objective pursued and must be proportionate to the health risks posed by the substances thus regulated.

He notes that health risks depend on the actual amounts of THC ingested. He judges that the harmfulness of the other molecules contained in the cannabis flowers and leaves, especially CBD, has not been proven according to the state of scientific data.

It concludes from the scientific evidence presented at the evidentiary hearing that the consumption of leaves and flowers of cannabis varieties with a THC content of less than 0.3% does not create risks to public health that would justify a general and absolute ban on their marketing.

Tests allow the differentiation of cannabis strains.

To justify the ban on their marketing, the Minister of Social Affairs and Health also argued before the State Council that the marketing of flowers and leaves of cannabis varieties without psychotropic properties would jeopardize the effectiveness of drug control policies due to their similarity and confusability with flowers and leaves from THC-dominant varieties of cannabis that have narcotic properties.

However, the State Council noted that the THC content of flowers and leaves can be readily checked using inexpensive rapid tests that can distinguish varieties with stupefying properties from those that do not. The Council of State therefore considers that the effectiveness of drug control policy is not a valid argument to prohibit the marketing of cannabis flowers and leaves in the raw state with a THC content of less than 0.3%.

However, unlike in Switzerland, it is still unclear in France under which product category cannabis flowers with a low THC content may be marketed. In this respect, there is still a gray area that needs to be regulated.

Source/original text: https://www.conseil-etat.fr/actualites/cbd-annulation-de-l-arrete-interdisant-la-vente-des-fleurs-et-feuilles-de-cannabis-sans-proprietes-stupefiantes (french)

About IG Hemp
IG Hanf is the trade association of the Swiss cannabis industry. It represents its members vis-à-vis politicians, authorities and the public. In doing so, it promotes exchange and cooperation among members, thereby strengthening the cannabis industry in Switzerland.

Their mission is to create a regulated cannabis market to ensure Switzerland is at the forefront of the global cannabis industry. IG Hemp sets new standards for its members and the industry. First and foremost with the quality label Swiss Certified Cannabis, which guarantees reliable product and consumer safety. IG Hanf is also a founding member of the Cannabis Consensus Switzerland association, in which organizations and political parties jointly pave the way for an open and responsible approach to cannabis.

Further information: www.ighanf.ch | www.swiss-certified-cannabis.ch | www.ighanf.ch/ehrenkodex

Cannabis in Bangkok – a travelogue

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We support the work of LegalizeIt! and thank you very much for the interesting article about the legalization implementation in Thailand, which we are kindly allowed to publish in our blog. First-hand information, as close as possible - that's exactly what we like you to read!

Travelogue: Cannabis in Bangkok (Thailand 2022)

In early December 2022, we took a vacation in Singapore. For various reasons, we decided to bring forward the first leg of our return flight via Bangkok (Thailand), thus spontaneously taking the opportunity to explore the Asian metropolis Bangkok with its more than 8 million inhabitants for a few days. Besides impressive temples, skyscrapers, huge markets and street food in almost every street, there is also more and more cannabis in Bangkok lately!

The difference in the handling of cannabis could not be greater between the two Southeast Asian countries: When entering Singapore, you are informed in red letters that any handling of drugs is strictly forbidden and drug smuggling is even punishable by death! In Bangkok, on the other hand, a lot of cannabis stores now dominate the cityscape. How did it come about and how do you experience Thailand’s young cannabis scene as a tourist? A travelogue.

Arrival and high-end dispensary “High Got You”.

Our flight landed in Bangkok in the late afternoon. After about 45 minutes of cab ride from the airport to the city, we arrived at our accommodation. In the cab we could already make out a few hemp stores as we drove by, but we didn’t just go to any one, we paid a visit to a store called “High Got You”. The store was located in the “hipster neighborhood” Ekkamai and, according to the website, also had vaporizers on sale. On the shelves were numerous elaborately designed bongs, and on the counter were flowers of the current offerings with magnifying glasses and labels. In terms of design, it looked like an Apple Store.

Shelves with bongs in the High Got You
Flowers with magnifying glass and label on the counter

The gram of flowers here cost about 700 baht, which is the equivalent of about 18 francs. This is almost twice as expensive as in the planned “Züri Can” pilot project.

Unfortunately, the High Got You only had one electric vaporizer in stock when we visited: the Yocan Vane, a cheap model that cost less than 2 grams of flower. In general, electric vaporizers are not (yet?) available on every corner in Bangkok. More popular there instead seems to be the Dynavap, a non-electric evaporator that you have to bring to the right temperature with fire or external induction heating coil.

Surprisingly, it is not so easy to find vaporizers in Thailand. This is because all types of vapes are basically banned in Thailand. The ban was probably enacted with nicotine vapes in mind, but now strictly speaking includes cannabis vaporizers as well. So where you still find vaporizers, they are illegal imports. This is also reflected in the higher price – with higher-quality devices in other stores.

Equipped with THC flowers and vaporizer, we went in search of a place to consume, because consumption is prohibited in public. This is also the case in some other countries with legal cannabis, and it continues to pose logistical challenges for tourists. In a rooftop bar within walking distance of the dispensary, we first fortified ourselves with a portion of fried rice and then asked the bartender if it was allowed to smoke pot on the terrace? The bartender advised against it and recommended consuming in the stairwell instead. He was probably worried that we would disturb other guests with smoke, but with the low vapor emissions of an electric vaporizer, that’s not a problem.

Unfortunately, the cheap vaporizer turned out to be barely usable. Sure, it already got hot, but hardly any steam came, which then also did not taste fine, showed little effect and left an unpleasant scratch in the throat.

Day 2: Small enthusiast store “Smilemacy”.

The next day, we therefore went straight to the next hemp store. This time I went to “Smilemacy”, a much smaller store, but they had high-quality vaporizers from Storz & Bickel in stock, which I confirmed for safety’s sake via a short message via Messenger app. In the store, the owner greeted us “Dear”. From the selection of products, the expertise and his whole manner, you quickly realized that here is an enthusiast in front of you.

Shelves in the “Smilemacy

The selection of flowers was small but nice: There was one CBD strain and at least one each of indica, hybrid and sativa.

Selection of different varieties of flowers

The “Super Silver Haze” (Dear’s recommendation) tasted fine and had a pleasant effect. The flower was quite compact and not overly covered with THC resin. A solid performance, but with room to improve (compared to the quality of cannabis in California, for example [USA]), especially for this price.

At the following membership meeting, it was remarked, “The bloom looks typical of the use of PGRs (Plant Growth Regulators)!”

“Super Silver Haze” flower in closeup

We asked Dear in which places it is allowed to smoke pot in Bangkok? He said, actually, anywhere smoking is allowed (a contradiction to our experience the night before). Outside his store would be okay in any case.

Consumption possibility: “Heaven Of Weed”.

To explore the area a bit, however, we instead walked further down the street and there, by chance, we stumbled upon a store called “Heaven Of Weed”. There you could not only buy THC flowers by the gram, but also sit down and consume them comfortably like in a café.

Most varieties there cost about 800 baht, the equivalent of about 21 francs. This is a little more expensive in comparison, but in the other stores you could not consume in the store in each case, but only outside. With the high temperatures in Bangkok (30 degrees in the cold season), you appreciate a well air-conditioned interior!

Unfortunately, there was not a single CBD strain at Heaven Of Weed. The salesman said that CBD flowers were also legal, but were a little less common in stores.

The store “Heaven of Weed

Below the store was a restaurant where you could order food and drinks, which were then delivered upstairs to the consumption room.

The vaporizer “Mighty

Legalization history

In the following days we made two tours: A bicycle tour on the man-made island “Bang Kachao” and a train tour to the “Damnoen Saduak Floating Market”. Both tour guides told the respective group on their own that cannabis was recently legalized in Thailand. One said that the development had surprised him: Cannabis had generally had a bad reputation among the population – it was considered worse than cocaine. He speculated that the low prices of homegrown cannabis ensured that cannabis became the drug of choice for poorer people. With the second tour guide, we asked why legalized. He replied that cannabis was actually legalized for medical purposes and then there was a loophole, which is now being used. He joked, “Thailand used to be known as ‘Land of the smile’, now we are becoming the ‘Land of the laugh’!”

When you dig deeper, you find that the tour guide’s narrative was not entirely accurate: this was not a loophole, but an intentional change.

With an election campaign that included cannabis legalization, Thailand’s Health Minister Anutin Charnvirakul was elected in 2019. Cannabis was legalized in Thailand in the same year, initially for medical use. Then, on June 9, 2022, cannabis flowers were removed from the list of narcotics, which also legalized consumption for pleasure. This is really only about flowers: Any extracts such as THC oils or THC hashish cannot be found, but remain illegal.

However, there is some truth in the term “loophole”, because what does not yet exist is an explicit legal regulation that lays down more precise provisions. Therefore, the current phase of the cannabis scene in Thailand should be seen more as a “Wild West” phase, which could change again in the coming months, if necessary, after the initial legislation.

Impressions during the trip

Well-known attractions in Bangkok are certainly the numerous markets. They are all impressive, the evening markets as well as the weekend markets, those on the street, but also those in the huge shopping malls. You can often see stalls there offering hemp products such as CBD oils for healing purposes.

CBD enriched oil poster
CBD enriched oil” poster

Not to be missed on a visit to Bangkok is a detour to “Khao San Road”, a busy street with high tourist traffic in the so-called “backpacker district”. There, we encountered various cannabis stands and bars in the bustling nightlife. Three employees stood in front of a cannabis store and tried to lure us in with the help of the menu. A few corners away we saw a couple of men strolling through the street with a bong in their hands.

Cannabis stand in the "Khao San Road
Cannabis stand in “Khao San Road

Conclusion

If Thailand appeals to you as a vacation destination, there is now another reason to visit. It’s an exciting time and I found it very interesting to see the burgeoning cannabis scene. But if you’re more interested in a cannabis vacation than Thailand, I’d recommend Amsterdam instead, which is much closer.

In comparison with Switzerland, the two approaches to legalization are very different: Thailand has simply legalized with a comparatively quick change. Opponents of legalization call it a rush job and even demand that the change be reversed. What the coming regulation will look like over the next months and years, and how successful the “legalization first, details later” model will be, will be interesting to watch.

The Swiss approach wants to avoid this problem at all costs: In years of pilot tests, enough knowledge is to be gathered first, in order to then start with a watertight model – but the fact that consumers will still get into legal problems will be tolerated for years to come…

→ More images (25 in total) can be found at https://hanflegal.ch/bangkok22bilder

The travel report in the original: https://hanflegal.ch/bangkok22

CBD during the vacations. What is allowed?

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What products can I take with me on vacation abroad? Anyone who uses CBD products in everyday life will sooner or later come across this question.

Since natural CBD products are derived from the hemp plant, which is criminalized in many places, there is a confusing jungle of laws in many countries. However, if the products do not have a significant THC content, then – especially due to the political changes of the last few years – quite a bit is allowed.
So if you don’t want to do without CBD or risk a conflict with foreign laws, you should take a look at the legal situation in your vacation destination before packing.

This article is intended to provide the necessary info on the legal situation in popular vacation countries. If the desired destination country does not appear in this article, we are sorry – unfortunately we cannot keep track of laws around the world. However, we are open to questions and you are also welcome to share your private research with us so we can add it to this post.

Disclaimer: We inform to the best of our knowledge and belief about the legal situation regarding consumption & possession of CBD products. This article reflects the legal situation as we know it in October 2022. We try to incorporate any changes into this article as quickly as possible, but we probably don’t get all the changes in the law abroad right away. Do some more research yourself to be on the safe side. We assume no liability for the statements made in this article.

CBD in the EU

The legal situation in Europe is, despite some basic EU-wide directives, relatively confusing. Basically, processed CBD products (e.g., hemp oil) with a THC content of no more than 0.2% are legal throughout the European Union. [1] Slovakia was the last EU country to remove CBD from the list of banned substances in 2020.
In Belgium, Denmark, Finland, Malta and Portugal, a doctor’s prescription is needed to stay on the safe side. In Belgium, however, quantities of up to 3 grams are decriminalized, while in Portugal the limit is 25 grams. [2]

Processed CBD products (e.g. hemp oil) with a THC content of 0.2% or less are legal throughout the European Union.

In the EU, in addition to countries with more restrictive legislation, there are also some countries (tending to be more and more) that are more tolerant. Further, the handling of unprocessed products such as hemp flowers or teas differs from country to country. Therefore, here is another detailed description of the situation in our neighboring countries.

Germany

Germany is pretty much toeing the EU line at the moment. Products are legal if they have a THC content of less than 0.2% and abuse for intoxication purposes is excluded. [3] According to the current interpretation of the laws, the abuse of flowers & teas for intoxicating purposes is not excluded. So flowers & teas are illegal unlike processed products like hemp oil and cosmetics. This position was confirmed in 2022 by a ruling of the Federal Court of Justice – so don’t take a flower to Germany. [4]

ProductLegal status
CBD Hemp OilLegal up to 0.2% THC
FlowersIllegal
Care products / cosmeticsLegal up to 0.2% THC
Hemp teaIllegal
Hemp seedLegal if not for cultivation purposes
Legal situation in Germany

Austria

In Austria, CBD products are allowed to contain up to 0.3% THC. [5] In contrast to Germany, flowers and teas are also legal if the THC level is met. CBD is sold in Austria only as an aroma product, as CBD products are neither sold nor advertised as medicinal or medical products, cosmetics, smoking products or food and dietary supplements. However, this restriction is hardly relevant for private vacation travel, as it is directed against the companies.

ProductLegal status
CBD Hemp OilLegal to <0.3% THC
FlowersLegal to <0.3% THC
Care products / cosmeticsLegal to <0.3% THC
Hemp teaLegal to <0.3% THC
Hemp seedLegal if not for cultivation purposes
Legal situation in Austria

France

For a long time, France had quite restrictive laws. However, since January 24, 2022 (provisional), or December 28, 2022 (definitive), pretty much everything is legal with regard to CBD, as long as the limit of 0.3% THC content is respected.[6] An important point for the vacations: Be careful when driving. Since the amendment has not yet been implemented in the Road Law, a zero tolerance limit (presumably) applies to driving.[7]

ProductLegal status
CBD Hemp OilLegal up to 0.3% THC
FlowersLegal up to 0.3% THC
Care products / cosmeticsLegal up to 0.3% THC
Hemp teaLegal up to 0.3% THC
Hemp seedLegal if not for cultivation purposes
Legal situation in France

Italy

In Italy, the EU limit value of max. 0.2% THC content. Until 2019, this value was as high as 0.6%, until the new government enacted new bans.[ 8] Since 2019, all products derived from the cannabis sativa plant are illegal – except those “without narcotic effect”. As it is still unclear exactly how this directive will be implemented, there is a legal gray area in Italy between the old 0.6% rule, the newer more comprehensive ban and the EU directive of 0.2%. However, there are currently no indications that THC-free products would pose a problem – EU hemp with a maximum of 0.2% THC can therefore be consumed quite carefree during the Italian vacations .

ProductLegal status
CBD Hemp OilLegal up to 0.2% THC
FlowersLegal up to 0.2% THC
Care products / cosmeticsLegal up to 0.2% THC
Hemp teaLegal up to 0.2% THC
Hemp seedLegal if not for cultivation purposes
Legal situation in Italy

Liechtenstein

Yes, Liechtenstein is not in the EU. As Switzerland’s neighbor, however, the small state has nevertheless earned a place on this list. In Liechtenstein, as in Switzerland, hemp with a THC content of more than 1% is considered an illegal narcotic. [9] There are no more precisely specified guidelines for CBD products. So we are in a legal gray area. Presumably, vacation travelers in Liechtenstein won’t get into trouble if they stick to the 1% rule, as they would in Switzerland.

Our products and the EU legislation

As there is a limit of 1% THC for CBD products in Switzerland, some of our products, especially the flowers, are not compatible with EU laws. In our store, the THC content is listed in the product information in each case.

Quite safe to take with you on vacation are our completely THC-free Broad-Spectrum hemp oils. However, caution is advised with the full-spectrum oils: only just the 6% oil with a THC content of 0.2% is suitable for vacations in the EU. Our care products also all contain less than 0.2% THC.
Tea & Syrup is made with EU-certified hemp varieties and is therefore harmless, provided that these product categories are permitted in the chosen resort. The edibles (chocolate, snack hemp, pesto, …) are all approved as normal food and are completely legal – they are not “Novel Food”.

CBD in other states

Thailand


The current situation in Thailand is quite confusing. Basically: Cultivation and possession of cannabis is legal, medical products and edibles with a THC content of maximum 0.2% are legal as well. Recreational use is more difficult: smoking cannabis in public spaces is not allowed. Since cannabis flowers are no longer considered narcotics until 09.06.2022, there is still a lot of ambiguity in the implementation. So, to avoid any unpleasant vacation surprises, it pays not to consume cannabis in public spaces. [8]

A good overview of the concrete situation on the ground can be found in the Legalize-It! travel report from Bangkok (December 2022).