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CBD bill in the Senate (October 2026): what could change
In short: on October 8, 2026, senators led by Guillaume Gontard tabled a bill to regulate the entire CBD industry. On the agenda: a traceability register for each batch, a permit to open a shop, stricter rules for minors, and above all, a tolerance threshold for THC from legal products when driving. The text has not yet been voted on: here is what it contains and what it would change in practice.
Why a law on CBD now?
Since the Council of State's decision in December 2022, the sale of CBD flowers and resins with less than 0.3% THC is authorized in France. But the industry operates in a vague framework: no clear legal definition of flower, no mandatory traceability, and rules that change at the whim of circulars and inspections.
Result: serious shops rub shoulders with sellers offering products sprayed with synthetic molecules, and consumers struggle to tell the difference. This is the ambiguity that bill no. 21 (2026-2027) aims to correct.
1. A "hemp record" to trace each batch
This is the heart of the text. It creates a computerized hemp record, a register in which producers and importers should register. Each product would be linked to a registered batch, from the plot to the point of sale.
- No registered batch, no sale: a product that is not linked to a batch could no longer be placed on the market.
- Importers: they should keep their supporting documents for 5 years.
- Legal definition: the text finally defines "raw hemp flowers" based on their THC content.
For you, the consumer, that would mean one simple thing: knowing where your flower comes from, and being able to verify it.
2. Opening a CBD shop: declaration and permit
Today, opening a CBD shop requires no specific formalities. The text would be a game changer:
- a declaration 15 days before any opening, transfer or transfer of ownership;
- an operating permit issued after training;
- administrative fines of up to €7,500 for an individual and €37,500 for a company;
- a possible administrative closure of up to 48 hours in case of serious or repeated non-compliance.
3. Behind the wheel: a threshold of 2 ng/mL
This is the most anticipated point. Today, driving after using THC is an offense regardless of the dose. However, CBD flowers and resins contain traces of THC, which can be detected by a saliva test.
The text provides that the presence of THC from legal and traced CBD products will no longer be an offense as long as the concentration in the blood remains less than or equal to 2 nanograms per milliliter.
Warning: until the text is adopted, the current rule applies. Our advice does not change: no CBD before getting behind the wheel.
4. Minors, labels, taxation
- Sale prohibited to those under 18, with proof of majority required at purchase.
- Vending machines authorized only if they verify age.
- Labeling: mention of the prohibition for minors and a warning for pregnant women.
- Taxation: products made from raw hemp flowers would be incorporated into the General Tax Code, with a dedicated regime.
And now? The text's journey
A tabled bill is not a law. The text was sent back to the Senate's Social Affairs Committee. It still needs to be examined, possibly amended, voted on by the Senate, and then by the National Assembly. Nothing guarantees it will make it all the way, nor in its current form.
In the meantime, nothing changes: the current rules (less than 0.3% THC, sale reserved for adults, prohibition of therapeutic claims) remain the only ones in force. We detail them in Is CBD legal in France in 2026?
Our opinion: traceability, we sign
One batch, one origin, one analysis: that is already our way of working. A clear framework is the best weapon against fake CBD and shady sellers, those who spray synthetic molecules on worthless flowers. We talk about it in Fake CBD: the danger of synthetic cannabinoids.
We will follow the text at every stage, here and on our Instagram @legitgrowerz.
Sources
This article is for informational purposes and does not constitute legal advice. The text presented has not been adopted as of the publication date.