Legal weed in France: what's allowed (and banned) in 2026
By the Golden High teamUpdated 13 October 20269 min read
The legal framework
Legal weed in France does exist, but within a narrow framework: only hemp whose THC content doesn't exceed 0.3% can be grown and sold, flowers included since the Conseil d'État ruling of 29 December 2022 (France's highest administrative court). "Classic" cannabis remains a controlled drug in France, as do HHC, THCP and THCA. Here's what's allowed, what's banned and the traps to know about in 2026, text by text.
Amnesia Delta-P 12 %
Our most requested flower: a moderate strength, a lemony and spicy profile, THC under 0.3%.
From4,90 €View product →
Pack Amsterdam, 4 varieties
Four Delta-P flowers from the range together in one box, so you can compare profiles.
From44,90 €View product →The short answer
Legal weed in France: what the law allows.
In France, cannabis is not legalised. What is allowed is hemp: varieties of Cannabis sativa whose delta-9-THC content, the psychoactive molecule, doesn't exceed 0.30%. That's what people usually call "legal weed", "legal cannabis" or "CBD".
Since the end of 2022, this hemp can be sold in all its forms in France, flowers and leaves included. Above 0.3% THC, or as soon as it contains a scheduled molecule, a product falls into the controlled drug category, whatever its packaging or the name it's given.
- Allowed: hemp and hemp products with no more than 0.3% THC, flowers included.
- Banned: cannabis above that limit, and scheduled molecules (HHC, THCP, THCA, H4-CBD…).
- Always banned: driving after using, even a legally sold product.
- At Golden High: products for adults only, THC under 0.3%.
Legal THC level in France
The threshold that changes everything: 0.3% THC.
The reference text is the decree (arrêté) of 30 December 2021, adopted under article R. 5132-86 of the French Public Health Code. It authorises the cultivation, import, export and industrial and commercial use of only those varieties of Cannabis sativa L. whose delta-9-THC content is no higher than 0.30%.
This threshold doesn't mean "a bit of THC is legal". THC itself remains a controlled drug: it's the plant that's tolerated as long as its content stays under the bar. In its June 2024 decision, the ANSM (the French medicines agency) also made clear that THCA and THC naturally present in hemp are excluded from the listing, provided the THC content respects this 0.3% threshold.
What the texts say
Four decisions that set the framework.
The current framework in France doesn't come from a single law, but from a series of court rulings and decrees. Here are the most important ones, and what they actually say.
CJEU · 19 November 2020 (case C-663/18)
The Court of Justice of the European Union rules that a Member State cannot ban CBD lawfully produced in another Member State, and notes that, on current knowledge, CBD "does not appear to have any psychotropic effect", unlike THC.
Decree · 30 December 2021
It sets the threshold at 0.30% THC for authorised varieties, but bans the sale of raw flowers and leaves to consumers.
Conseil d'État · 29 December 2022
The Conseil d'État annuls this ban: CBD has no psychotropic effect and doesn't cause dependence, and the THC level of flowers can be checked with quick, cheap tests. The interim relief judge had already suspended it on 24 January 2022.
Cour de cassation · 21 June 2023
The criminal chamber of France's highest court rules that the authorisation to sell products under 0.3% THC has no bearing on the offence of driving after using controlled drugs: a positive test is enough.
In other words: in France, selling and buying compliant hemp flowers is allowed, but it creates no "right" to drive and no immunity if you test positive. References at the bottom of the page.
2020-2024
How France got here, date by date.
19 Nov. 2020
The CJEU's Kanavape ruling: CBD is not considered a narcotic under EU law.
30 Dec. 2021
Decree setting the 0.30% THC threshold and banning the sale of flowers and leaves.
24 Jan. 2022
The Conseil d'État's interim relief judge suspends the flower ban.
29 Dec. 2022
The Conseil d'État definitively annuls this ban.
13 June 2023
HHC, HHC-O and HHC-P become controlled drugs (ANSM decision of 12 June 2023).
3 June 2024
The ANSM lists cannabinoids with a benzo[c]chromene core, including THCP, THCA, HHCPO, H4-CBD and H2-CBD.
What remains banned
What is not legal weed in France.
The market has seen plenty of products sold as "legal" that weren't, or no longer are. Here are the main ones, with their current status in France.
| Product | Status in France | Text |
|---|---|---|
| Cannabis above 0.3% THC | Controlled drug | THC regulations, decree of 30/12/2021 |
| HHC, HHC-O, HHC-P | Controlled drugs since 13/06/2023 | ANSM decision of 12/06/2023 |
| THCP, THCA, HHCPO, H4-CBD, H2-CBD | Controlled drugs since 03/06/2024 | ANSM decision of 22/05/2024, amended |
| Delta-8-THC | Outside the legal framework | THC isomer, subject to THC regulations |
| Hemp flowers under 0.3% THC | Sale allowed | Conseil d'État, 29/12/2022 |
The "THCA flower" trap: it's sometimes sold as legal because its displayed THC level is low. But in France THCA is itself classed as a controlled drug since 3 June 2024, apart from the natural traces in compliant hemp. A THCA-rich flower is not legal weed.
We've covered the most famous of these products in detail in HHC: what it is and why it's banned.
Smoking legally
Buying legally doesn't mean driving afterwards.
This is the point many people miss. Even a fully compliant product can contain traces of THC, and the French Highway Code sets no tolerance threshold: article L235-1 punishes driving after using controlled drugs as soon as a blood or saliva test is positive, and since the law of 9 July 2025, the penalty is up to 3 years in prison and a €9,000 fine, with the loss of half the points on your licence. The Cour de cassation confirmed in 2023 that this also applies after using CBD.
- Driving after smoking, even a product sold in a shop.
- Sharing with a minor: our products are for adults only.
- Travelling with THC cannabis, even if bought legally in another country.
- Trusting a "100% legal" label with no displayed level and no lab analysis.
THC cannabis remains banned for personal use in France: article L3421-1 of the Public Health Code provides for up to one year in prison and a €3,750 fine, and the fixed fine rose to €500 on 20 August 2026. And what's allowed in a neighbouring country isn't necessarily allowed in France. We go into drug testing in saliva tests: THC, HHC and CBD and into driving in smoking CBD before driving.
Medical cannabis is a separate subject: in France it was the object of a trial supervised by the ANSM from March 2021, limited to patients enrolled by trained doctors. It has nothing to do with the products sold in shops.
What about us?
Our range: under 0.3% THC, lab-tested.
Golden High only sells products under 0.3% THC, analysed in a laboratory. Our Delta-P range is based on CBDX, with the level displayed on every product. We don't claim to sell "legal cannabis" in the THC sense: these are hemp products, designed for smokers looking for more character than a classic CBD. All the details about the molecule and its framework are on our page dedicated to Delta-P, and in Delta-P: what it is, effects and legality.
To get started, the Amnesia Delta-P 12 % is still our entry point. You can browse all our Delta-P flowers and, if you're wondering which ones hit hardest, we've sorted them out in which CBD gets you the highest.
Check the level
A serious product displays its cannabinoid levels and stays under 0.3% THC.
Ask for the analysis
Every batch should be traceable to a laboratory analysis.
Start low
A moderate level, a small amount, time between doses. Never before driving.
Your questions
What people ask us about legal weed.
Does legal weed exist in France?
Yes, in the sense of hemp: varieties whose THC content doesn't exceed 0.3% can be sold, flowers included since the Conseil d'État ruling of 29 December 2022. THC cannabis remains a controlled drug.
What is the legal THC level in France?
0.30% delta-9-THC maximum, set by the decree of 30 December 2021. Above that, the product is considered a controlled drug.
Are CBD flowers legal in France?
Their sale is allowed: on 29 December 2022 the Conseil d'État annulled the ban on selling hemp flowers and leaves under 0.3% THC.
Can you smoke CBD and drive in France?
No. On 21 June 2023 the Cour de cassation ruled that the legal sale of products under 0.3% THC changes nothing for the offence of driving after using controlled drugs: a positive test is enough.
Are HHC and THCP legal in France?
No. HHC has been classed as a controlled drug since 13 June 2023, and THCP since 3 June 2024, by decisions of the ANSM.
Is THCA flower legal in France?
No. THCA has been on the list of controlled drugs since 3 June 2024. Only its natural traces in hemp that respects the 0.3% THC threshold are excluded from the listing.
Will cannabis be legalised in France?
No text legalises recreational cannabis in France. Only medical cannabis has been the object of a trial supervised by the ANSM, limited to patients.
Sources
The references cited in this article.
- Légifrance. Decree of 30 December 2021 implementing article R. 5132-86 of the Public Health Code (in French).
- Conseil d'État (2022). CBD: annulment of the decree banning the sale of cannabis flowers and leaves without narcotic properties (in French).
- Court of Justice of the European Union (2020). Press release No 141/20, judgment in case C-663/18.
- ANSM (2023). The ANSM adds hexahydrocannabinol (HHC) and two of its derivatives to the list of controlled drugs. ANSM (2024). The ANSM adds new cannabinoids to the list of controlled drugs (in French).
- Cour de cassation, criminal chamber, 21 June 2023. Appeal No 22-85.530 (in French).
- Légifrance. Article L3421-1 of the Public Health Code (fixed fine amended by law No 2026-798 of 18 August 2026); article L235-1 of the Highway Code (penalties amended by law No 2025-622 of 9 July 2025) (in French).
- ANSM. Our answers to your questions about the medical cannabis trial (in French).
