The name “coffee shop” for newbies should bring to mind a place where it is possible to order and drink coffee with various consumables. It’s not necessary, but it’s not all. The coffee shop is also in reality a place of commerce which offers various products containing cannabinoids. These are molecules from cannabis or hemp. Although the latter is not authorized for sale, some of its derivatives are. They are then available in these particular stores. But what does the law say about them? Here is some information to know.
Has the sale of cannabis become legal?
Contrary to popular belief, the opening of numerous coffee shops in France does not mean that the sale of cannabis has become legal in its territory. According to the Penal Code, the transfer, acquisition, possession or even the illicit offer and use of narcotics are always prohibited and deviation from the rule is punishable by a few months to several years of imprisonment with a payment of fine (article 222-37). It is still possible to see in article R.5136-92 of the Code of Health public that hemp (plant or resin and all products containing it) are prohibited from production, manufacture, transport, import, export, possession, offer, transfer and acquisition or use.
However, there is an exception that you should be aware of. All cannabis species containing less than 0.2% THC or delta-9-tetrahrydrocannabinol (THC) can be used for industrial or commercial purposes. This indicates that the psychotropic effect of the product is less or even zero. Sellers then start from this base and offer products containing mainly cannabidiol or CBD which is authorized for exploitation and sale and which are not derived from plants with illegal THC content.
Administrative procedures to complete
As with any type of business, opening a coffee shop in France requires completing various steps. Above all, you must have good legal skills before proceeding and if this is not the case, you must hire a professional in the field of law.
The cash contribution must then be deposited with a financial institution so that it can issue a certificate of deposit of funds. This document will be used for the registration of the company but also for the release of funds, using the Kbis extract, once the store is created.
The owner will also only be able to obtain a certificate if he publishes a notice of creation in a legal notice newspaper. This document will serve as supporting documentation for the file with the competent Registry. Once the file is complete, it can be given to the registry of the place where the premises are located.
All these steps must be carried out correctly to remain legal. If any steps are omitted, the store could be considered illegal and risks permanent closure with various sanctions.