In principle, pursuant to Article R. 5132-86 of the French Public Health Code (PHC), the culture, manufacture, transport, import, export, holding, offer, transfer, acquisition and use of cannabis (plant and resin) and THC (natural and synthetic and derived products) are prohibited.
Nonetheless, same Article provides derogations for medical purposes. The pharmaceutical establishments and any establishments authorized by the French Health Agency (ANSM) to manufacture, import, and distribute active substances may be allowed to perform the above-mentioned acts, including, since 1st March 2022, the culture and production of cannabis, subject that the concerned product:
- Received an authorization (i.e. Market Authorization, Early Access Authorization, Compassionate Access Authorization or Import Authorization); or
- Was registered as homeopathic drug; and
- Meets the requirements set by an upcoming Decree which will be published by the Health Ministry on a proposal from the Director of the ANSM and is manufactured as required by Article L. 5121-5 PHC or any equivalent internationally recognized standards to guarantee its quality, security and its medical purpose (in this case, the establishment is not allowed to offer and use the concerned product).
As per Article R. 5132-86 PHC, cannabis plants may only be held and cultivated for medicinal purposes by growers who entered into an agreement with these establishments. Decrees providing conditions to meet to be authorised to hold and cultivate cannabis plants for medicinal purposes are being prepared.
Medical use is also allowed for the purposes of research or product control as authorized by the Director of the ANSM.
Pursuant to Decree No. 2020-1230 dated of 7 October 2020, the ANSM is currently assessing the viability of a specific program in order to allow the medical use of cannabis, particularly for epilepsy, multiple sclerosis and palliative care. This program, which was initially scheduled until 26 March 2023, has been extended for one-year due namely to the low prescription rate in certain regions.
In its intermediate report on the evaluation of this program issued in September 2022, the Health Ministry mentions “
a probable perpetuation of this experiment” provided that the legal framework of the cannabis and its reimbursement by social security scheme be quickly adapted, and the healthcare professionals be trained accordingly.
The unlawful transport, possession, offer, transfer, acquisition or use of narcotic substances is punishable by: (i) 10 years’ imprisonment and a fine of EUR 7,500,000 if committed by natural persons; or (ii) 10 years’ imprisonment and a fine of EUR 37,500,000 (and various other sanctions that lead to the entity’s dissolution) if committed by legal persons.