In France, since many years and particularly since 2018 with the arrival of the market of the products to the CBD (cannabidiol), it is not rare to find as well on Internet sites (like
dinafem seeds
) as well as in physical stores, seeds of all kinds of cannabis varieties. While the legality of CBD products is becoming better understood by the general public due to the flood of information on the subject, the sale of cannabis seeds remains a mystery to many consumers and the curious. Indeed, if it seems logical that the destiny of a seed is its cultivation. The very strict prohibition in France concerning cannabis can lead to confusion as to their use after their purchase:
- What are these hemp seeds used for?
- Can we buy them legally?
- Can we grow all types of marijuana seeds offered for sale (such as CBD seeds)?
All these questions seem legitimate and we will try to answer them as simply as possible.
Designation: Cannabis vs Hemp
France is one of the most repressive countries in the European Union concerning the use of cannabis. But, paradoxically, it is the second largest producer of hemp in the world after China. It is to understand nothing…!
In fact, it is commonly referred to
cannabis
as an illegal narcotic substance (rich in THC). Hemp appears to be a legal product for industrial use (low in THC and high in fiber). Indeed, in France, industrial hemp (textile, building, bedding) is well known. It is socially accepted as a legal product because it is different from recreational cannabis (drug).
In reality, they are varieties of plants of the same species: Cannabis Sativa L.
If these designations tend to simplify theoretically the understanding of the common man on this thorny subject, in practice, everything is not so obvious! Indeed, the French legislation is strict. Some legal uncertainties remain. Thus, they create gaps in the law of all or nothing:
- Today in France, the possession, use, exploitation and sale of cannabis are punishable by law unless…
- The purchase of weed seeds is allowed, yes but…
- The consumption of CBD hemp products is legal if and only if…
In short, we get completely lost!
The French legislation around cannabis
In France, the law is clear about drug trafficking:
- According to article 222-35, section 4, of the Penal Code of September 22, 2000: “The illicit production or manufacture of narcotics is punishable by twenty years of criminal imprisonment and a fine of 7,500,000 euros” (1).
It is important to remember that a substance is considered illicit if it is included in the list of narcotics of the decree of February 22, 1990 (2). Based roughly on these bylaws, it seems clear that the cultivation of cannabis appears to be completely illegal. However, on closer inspection, only THC (tetrahydrocannabinol), a psychoactive compound, is included in this list. It is this infamous cannabinoid specific to hemp that discriminates against cannabis and everything that surrounds it (consumption, sale, exploitation, possession, …).
Recap:
- THC is an illicit substance
- the designation of hemp and cannabis as two very distinct plants is false. They are different varieties of the same species (Cannabis Sativa L.).
The French law concerning the culture of cannabis
Based on these rules, it is understood that the cultivation of cannabis is legal if and only if the cultivated variety is devoid of THC. But, a certain tolerance exists:
- in France, a variety of cannabis is authorized if its THC concentration does not exceed 0.2%.
- and if it is registered on the article 2 of the decree of August 22, 1990 carrying application of the article R. 5132-86 of the code of the public health for the cannabis (3).
The industrial hemp is part of the authorized varieties. That’s why its production is legal (but very controlled) in France. As for weed, its cultivation is prohibited and subject to penalties of varying severity:
- the legal background of the farmer
- of the quantity of cultivated plants
- and the level of organization (amateur or professional) of the producer
In general, the number of cannabis plants is a good indicator of the type of operation being dismantled. The quantity will affect the penalty. A sentence can go from a simple reminder to the law to prison:
- < 5 feet: personal consumption
- < 50 feet: personal consumption and relational resale
- 100+ feet: industrial quantity of drugs
At this point, we understand that the cultivation of a variety of cannabis :
- for industrial use: is authorized if the varieties used meet the European legislation
- for recreational use (drugs): is prohibited
- for “therapeutic” use (CBD): is tolerated as a food supplement. Be careful, it should not be used to replace a medical treatment!
The special case of CBD seeds
CBD (cannabidiol) is, like THC, a cannabinoid specific to cannabis. However, it does not appear on the list of narcotics defined by the decree of February 22, 1990 (2). This molecule is not legally illegal. Therefore, since 2018 in France, it is found on sale in various forms (
CBD oil
seeds, flowers, liquids, balms, oil capsules …) in online CBD shops or physical stores more or less specialized. To be legal, these products must meet the same requirements as those of industrial hemp (authorized varieties and THC level lower than 0.2%). As a result, the cultivation of cannabis strains for processing into CBD products is legal. However, it must comply with very strict legislation.
CBD seeds, self or feminized
All weed consumers have already come across the sale of cannabis seeds in stores or on the internet. The brand of seeds “dinafem seeds”, for example, will inevitably speak to them!
Since hemp seeds do not contain THC, in Europe, their commercialization is considered legal. On the other hand, in France, as the production of cannabis varieties with a THC level higher than 0.2% is illegal, these seeds found on the market come from other European countries.
There are essentially 3 types of seeds:
- feminized seeds: a feminized seed guarantees the production of a female plant.
- auto-flowering seeds: an auto-flowering seed will be independent of the photoperiod. Its growth and flowering are predefined. These seeds are distinguished from others by their name. However, they are also feminized.
- CBD seeds: a CBD seed will give, as its name indicates, a hemp plant very concentrated in CBD. However, its concentration in THC is weak (see almost null) contrary to the 2 types of seeds seen above. However, they are also feminized and sometimes self-feminized.
In fact, there is a 4th type of seed: regular seeds. They give randomly a male or female foot. This sexed-up lottery makes them much less popular for retail sale. They are rather reserved for researchers (for crosses) and industrial growers (for fibers).
CBD seeds legal in France
If we can’t produce these seeds in France, it’s because we can’t grow them. So what are they for?
Officially, they are sold as collector seeds. That is to say that they are not made to be exploited but to be kept as they are.
The sale of seeds of cannabis varieties with high THC content is legal in France. But exploiting them would be a reprehensible act. Indeed, in this case, one falls under the law concerning the possession and exploitation of substances listed as narcotics.
What about THC-free CBD cannabis seeds?
For the right to grow CBD cannabis seeds:
- the seeds must come from an approved organization, such as the Cooperative Centrale des Producteurs de Semence de Chanvre (CCPSC).
- The cultivation must be declared to the National Federation of Hemp Producers. And, in the case of a private individual, in the gendarmerie
To date, there is a diversity of seeds of legal varieties of weed (types
Haze CBD, Skunk CBD, Kush CBD
). Their quality / price ratio is very interesting. Moreover, they are distinguished by their yield, their fast growth, their short bloom, their high levels of CBD and terpenes and their residual content in THC.
Many shops like Dinafem seeds, offer a well-filled catalog of CBD cannabis seeds with a dominant sativa (cerebral high) or indica (relaxing stone) effect. It includes: Amnesia CBD, Hindu Kush CBD, Lemon Haze CBD, Banana Kush CBD, ….
What you should know about CBD seeds and their cultivation
The organoleptic qualities (taste and smell) of a CBD weed variety, the type of flowering (feminized seed or autoflowering), the tendency (indica or sativa dominance) and the price can be determining criteria of purchase. Therefore, it is important to take into account the type of culture envisaged (indoor or outdoor) as well as the announced THC content before launching out in a purchase of seeds in order to make them germinate. These characteristics are sometimes perceived as insignificant details. But, in reality, they will be necessary to optimize the yield of the CBD plant and allow you to not outlaw it.
FAQ : CBD Seeds
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References:
- Article 222-35 of September 22, 2000 of the Penal Code, Section 4: Drug trafficking: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000006417718/2002-01-01
- Order of February 22, 1990 establishing the list of substances classified as narcotics: https://www.legifrance.gouv.fr/loda/id/JORFTEXT000000533085/2020-10-09/
- Order of August 22, 1990 implementing Article R. 5132-86 of the Public Health Code for cannabis: https://www.legifrance.gouv.fr/loda/id/JORFTEXT000000351447/2020-10-09/
