Legislative Controls on the Cultivation of Hemp - Hemp: Industrial Production and Uses - page 125

7 Legislative Controls on the
Cultivation of Hemp

Sylvester Bertucelli
Fédération Nationale des Producteurs de Chanvre (FNPC), France

7.1 Introduction

2. Tetrahydrocannabinols: with the exception
of synthetic delta 9 THC, its esters, ethers and
salts and derivative preparations.

In this chapter, we will be addressing three key
areas:

Derogations from these regulations may be
accorded for the purposes of research and
testing as well as for the production of
authorised derivatives as agreed by the
Director General of the “Agence française de
sécurité sanitaire des produits de santé”
(AFSSAPS).
The cultivation, importation, exportation
and use (industrial and commercial) of
cannabis devoid of narcotic properties may be
authorised by the Director General of the
agency with the necessary authorisation from
the ministers of agriculture, customs, industry
and health.

1. French legislation arising from the Code de
la Santé Publique .
2. European Union (EU) legislation governing
agricultural subsidies.
3. The future of the Common Agricultural
Policy (CAP) and EU subsidies.

7.2 French National Legislation

Within the EU, European Union law (histori-
cally termed European Community law) has
primacy over national law, with a few particu-
lar exceptions, including legislation governing
public health issues, on which national law
retains its primacy.
In view of the biological similarities between
industrial hemp and marijuana, a subject that
has been dealt with thoroughly in this topic, the
cultivation and use of industrial hemp has been
subject to national legislation under article
R5132-86 of the Code de la Santé Publique :

This article is the updated Article R5181 of the
old Code de la Santé Publique that is com-
monly cited in the literature.
Article R5132-86 was introduced by the
Order of 24 February 2004 and published in
the Journal Officiel de la République
Française on 21 March 2004. This article
specifies the conditions under which industrial
hemp may be used:

According to the article R5181 mentioned
above, the cultivation, importation, exporta-
tion as well as the industrial and commercial
exploitation of the seeds and fibre of varieties
of Cannabis sativa L. are permitted providing
the following criteria are met:

The production, sale, use and consumption of
the following are forbidden:
1. Cannabis: plants and resin as well as all
preparations that contain or are derived from
cannabis plants and resin.