Question 15714 — agri-food

Summary

Ms. Anna Pic questions the Minister of Agriculture, Agri-Food and Food Sovereignty on the 2026 control plan of the Directorate General of Food (DGAL) relating to hemp products. On April 15, 2026, the DGAL presented a new control plan for foodstuffs containing cannabidiol, better known by its acronym CBD, including food supplements. The main argument put forward by the French authorities to justify the tightening was based on the Novel Food status of CBD at European level requiring that any food ingredient not consumed to a significant extent before May 15, 1997 be subject to prior authorization before being placed on the market. Only hemp seeds and their derivatives, such as hemp seed oils, as well as leaves intended exclusively for preparation of aqueous infusion, are not novel foods according to this regulation. This decision, applied from mid-May 2026 by the Government, is causing serious concern among stakeholders in the French hemp industry. This brings together more than 1,500 producers cultivating varieties authorized by French and European regulations, containing less than 0.3% tetrahydrocannabinol (THC), as well as numerous companies processing, distribution and marketing. According to FranceAgriMer, France is the leading European producer of hemp and sales of hemp-based food supplements in pharmacies in 2024 amounted to 9.8 million euros, while those made in drugstores and organic stores each represent nearly a million euros. In fact, this new control plan is therefore perceived as a source of legal uncertainty for players in the sector with regard to the marketing of their products, which has nevertheless been carried out for several years within a legal framework and having been the subject of significant investments in terms of quality, traceability and regulatory compliance. Professionals in this sector recall in this regard that the decision of the Council of State No. 444887 of December 29, 2022 confirmed the legality of the marketing of hemp products respecting regulatory THC thresholds. Therefore, rather than creating additional uncertainty for those involved in a legally established and regulated agricultural sector, public means of control would benefit from being prioritized towards the detection and repression of synthetic cannabinoids with narcotic effects, the diffusion of which constitutes a growing health risk. In Indeed, the risk of a sudden challenge to the legal offer of CBD-based products would be a shift in demand towards parallel circuits or uncontrolled products, potentially more dangerous for consumers. Thus, she asks what guarantees the Government intends to provide so that the controls carried out within the framework of the 2026 plan clearly distinguish natural agricultural products derived from hemp from synthetic cannabinoids, preserve the legal security of economic actors respecting the regulations in force and ensure application of the principle of proportionality recalled by the Council of State in its decision no. 444887. It also asks what position France intends to defend with the European institutions concerning the regulatory status of CBD in foodstuffs and food supplements, in order to guarantee sufficient visibility and stability for the entire sector.

Machine translation from French. The official text remains authoritative.

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