CBD bill in the Senate: what bill No. 21 would change

A bill submitted to the Senate on October 8, 2026, aims to provide a comprehensive framework for CBD: a legal definition of hemp flowers, batch traceability, licenses for shops, a ban on sales to minors, and a 2 ng/mL blood THC limit for driving. It has not been adopted: today, nothing changes. Bill No. 21, introduced by Green Senator Guillaume Gontard and sixteen colleagues, has not been voted on. Here is what it really contains, article by article, and what it would change for you if it were passed.

News article updated as of October 15, 2026. Text read in its submitted version, on the Senate website.

What does the Senate CBD bill provide?

The text has six articles. It creates an entire chapter in the Public Health Code dedicated to cannabidiol-based products, and touches on VAT, narcotics law, and the Highway Code. According to its explanatory memorandum, it was written with two professional organizations: the French Association of Cannabinoid Producers (AFPC) and the Union of CBD Professionals (UPCBD).

• Article 1: definition of "raw hemp flowers", computerized hemp register, rules for importation, labeling, and transport, declaration and license for points of sale, penalties.
• Article 2: exclusion of hemp flowers from reduced VAT rates.
• Article 3: exemption for processed products that exceed the THC limit, if they are never sold as is.
• Article 4: ban on sales to minors and age verification on vending machines.
• Article 5: 2 nanograms of THC per milliliter of blood limit for driving.
• Article 6: financial guarantee on tobacco taxes, a standard clause.

The explanatory memorandum estimates the sector at over 500 million euros in annual turnover and 2,000 to 3,000 direct jobs, with over 20,000 hectares of hemp cultivated in France. These are the authors' figures, not official statistics. For the framework currently in force, see our guide CBD Law in France in 2026.

Hemp flowers: legal definition and batch traceability

The future article L. 3514-7 would define "raw hemp flowers" as flowers of Cannabis sativa L. whose THC level is below the threshold set by national and European regulations, which is 0.3% today. The definition would apply "regardless of their mode of presentation, preparation, or consumption". A law would name the CBD flower for the first time.

Today, the flower relies on a decree of December 30, 2021, and on the decision of the Council of State of December 29, 2022, which canceled the ban on selling raw flowers. A definition in the law, distinct from narcotics, is what the sector is calling for to limit seizures at the slightest inspection. Our CBD flowers under 0.3% THC are sold under this current framework, which remains the one that applies.

The computerized hemp register

The text would create a national file, the "computerized hemp register", to track each flower from the plot to the consumer. Producers would declare plots, varieties, volumes, and stocks; importers, volumes, origins, varieties, and supporting documents. A batch would correspond to the harvest of the same plot, or to the same import operation for the same variety. No flower could be sold, even given away, without being linked to a registered batch.

One detail matters: the explanatory memorandum speaks of a registration of "producers, importers, processors, and distributors", but the submitted article only requires "producers and importers" to register. The text is what counts, and this point could change in committee.

Failure to register would be punished by a fine of up to €7,500 for an individual and €37,500 for a company, or even a closure of 48 hours at most. Customs, fraud enforcement, police, gendarmerie, and health and agricultural services would have access to the data.

What you would see on the packaging

Any container of a CBD product should bear five legible and indelible mentions:

1. the country of origin of the batch;
2. the batch number;
3. a statement of compliance with regulations;
4. a visible statement prohibiting sales to under 18s;
5. a statement advising against consumption by pregnant women.

Transport would also be regulated: documents proving the origin, traceability, and compliance of the product would be required. Presenting them would "presume the legality of the transport, unless proven otherwise". For a consumer inspected with a legal flower, this would be a real change, because on the roadside, a CBD flower looks exactly like a cannabis flower.

Processed products

Article 3 targets manufacturers: an intermediate extraction product exceeding 0.3% THC would not be an offense if it is registered in the register and does not leave the processing workshop. It could "in no case be placed on the market as is". For you, nothing changes: a product sold must always respect the threshold.

CBD shops: declaration and operating license

Opening, moving, or transferring a hemp flower point of sale would require a written declaration at least fifteen days in advance, at the town hall (at the police prefecture in Paris). The operator would also have to hold an operating license, issued after training on CBD regulations, protection of minors, traceability, and their responsibilities. The model recalls that of bars.

Sanctions would range from a formal notice to administrative closure, passing through the withdrawal of the license. The duration of the license, training, and the amount of fines would be set later by decree.

Two points remain unclear. The text speaks of a "point of sale" and says nothing specific about online sales. And the explanatory memorandum announces "specific rules for short-circuit sales and during public events" that we do not find, to our reading, in the submitted articles.

Sales to minors: a ban finally in writing

The future article L. 3514-18 would prohibit selling or giving hemp flowers to under 18s, and would require the seller to demand proof of majority. Vending machines would only be authorized with a device that actually verifies age before any dispensing. For comparison, tobacco is already prohibited for minors by article L. 3512-12 of the Public Health Code.

This is the third text in five months on the subject. In May 2026, the Senate had voted a ban in the RIPOST bill, removed before promulgation. On September 15, 2026, bill No. 3152 was submitted to the National Assembly: it targets all cannabinoid products, with a fine of up to €1,500, and prohibits vending machines within 500 meters of schools. It is not adopted either. The details of these texts are in our article CBD and minors: what the law says.

The Assembly text seeks above all to restrict, the Senate one to regulate a sector it wants to recognize. At Cloud Store CBD, it is already decided: the site is reserved for over 18s, with age verification upon entry.

CBD while driving: a 2 ng/mL THC limit

This is the measure most awaited by consumers. Article 5 would create an article L. 235-1-1 in the Highway Code: the presence of THC would not be an offense if it results from the consumption of legal hemp flowers and if its concentration in the blood remains below or equal to 2 nanograms per milliliter.

Today, it is zero tolerance. Article L. 235-1 of the Highway Code punishes driving after using narcotics with 3 years in prison and a €9,000 fine, and the Court of Cassation ruled on June 21, 2023 (No. 22-85.530) that the legality of CBD does not protect a driver in whom THC is detected. Everything is detailed in our guide CBD and driving.

Open question: the text targets products "mentioned in article L. 3514-7", that is, raw hemp flowers. It does not clearly say if an oil or a resin falls under this.

VAT on CBD flowers: increase or decrease?

The text does not lower the VAT. Its article 2 adds products "whose main component is made of raw hemp flowers" to the exceptions of the reduced rate of 5.5% provided for food (article 278-0 bis of the General Tax Code), alongside confectionery, caviar, and alcoholic beverages. It also excludes them from the 10% rate, notably in restaurants and takeaway (article 279). Result: standard rate of 20%.

The explanatory memorandum explains it thus: some products based on flowers benefit today, "according to their presentation", from a reduced rate, which distorts competition. The tax doctrine confirms that the products listed as exceptions to the reduced food rate fall under the standard rate. For a buyer, the effect would depend on the seller: nothing changes if the flower is already invoiced at the standard rate, but the price would go up for those who apply a reduced rate. The Senator also plans to defend the tax part through amendments to the finance bill, according to La France Agricole.

Today or if the text passes: the comparison

Law in force as of October 15, 2026, versus the submitted text. The right column does not apply as long as the law is not voted and completed by its decrees.

One thing does not change, neither today nor with this text: edible CBD. Since May 15, 2026, non-authorized ingestible CBD products are targeted by the DGAL control plan, and the bill does not touch it. The complete point is in Food CBD and DGAL plan.

What are the chances of it being adopted, and when?

No calendar exists. The legislative file stops at the submission of October 8, 2026. To become a law, it must be put on the agenda, examined in committee, voted by the Senate, then by the National Assembly. Many measures then refer to decrees.

According to La France Agricole, which attended its presentation on October 13, Guillaume Gontard is looking for support beyond his group to obtain the text's inclusion on the agenda. In practice, a bill that is not supported by the Senate majority has less chance of being debated quickly. Its measures can also come back in pieces, in the form of amendments to other texts, like the budget.

Our seller's reading: batch traceability, complete label, and ban on minors are heading towards a cleaner market, where products cut with synthetic cannabinoids would circulate less easily. Until a vote, nothing changes for your purchases: flowers under 0.3% THC remain legal, and our selection of CBD flowers remains available, with 24-hour shipping. We will update this article at each stage of the text.

FAQ: CBD bill