France and Spain to legalize medical cannabis (finally)
Editor’s note – This article is part of our continuing series on international legal developments in cannabis law. Kight Law attorney Anthony Traurig, who resides in Europe and has significant experience in the international sector via his work with CannIntelligence, discusses the intention for both France and Spain to legalize medical cannabis. Click here to read his January 2025 article about HHC in Europe. Click here to read his December 2024 article about Thailand. -Rod Kight
Part 1 – France
After a years-long whirlwind of a medical cannabis pilot program, France has finally made its intention to legalize medical cannabis official. French authorities notified the European Union of its intention to implement a regulatory framework for medical cannabis on March 19 via the TRIS database. This process allows the European Union and any EU Member State to object to the proposal, which is not expected. France’s proposal – if implemented – would represent one of the more restrictive medical cannabis programs in Europe. Nonetheless, it represents significant progress for patients and for Europe. Some of the key facets of the proposed regulations include:
- Product restrictions: Cannabis flower for combustion will be prohibited, though granulated flower may be possible for vaporization if presented in “secure, anti-diversion primary packaging”. Oral or sublingual formats will be specifically allowed.
- Cannabinoid restrictions: Cannabinoids that are purified and isolated will be prohibited in medical cannabis products. There is no other per se limit on the amount of cannabinoids that a product may contain, though CBD-dominant formats must only have negligible amounts of THC.
- Qualifying medical conditions: Medical cannabis could only be prescribed as a last-resort treatment after other medications have failed. Conditions include neuropathic pain, epilepsy, spasticity from multiple sclerosis, cancer, and palliative care.
- Pharmacy distribution: Medical cannabis could be dispensed by any pharmacy authorized under the French Public Health Code.
The cultivation and manufacturing of medical cannabis would be expressly permitted, though outdoor cultivation would be prohibited. Import and export would also be allowed, with detailed regulations to follow.
A rollercoaster ride for French patients
France launched a limited pilot program in 2021 enrolling around 2,000–3,000 patients. Despite positive results, parliamentary instability at the end of 2024 led to fears the program would be discontinued. A short extension to June 30, 2025, was eventually granted, followed by a one-year extension. Health Minister Yannick Neuder’s support was instrumental in pushing forward the permanent framework now under EU review.
Part 2 – Spain
Spain also to legalize medical cannabis
Spain notified the EU in January 2025 following years of study. Its regulatory framework would allow only standardized preparations (no cannabis flower), prescribed by specialist doctors for conditions such as multiple sclerosis, refractory chronic pain, refractory epilepsy, and chemotherapy-induced nausea. Dispensing would be limited to hospital pharmacies.
Although both frameworks are restrictive, the combined impact on over 110 million people in France and Spain marks significant progress. Tens of thousands of patients stand to benefit from legal access.
March 26, 2025
Kight Law attorney Anthony Traurig is a legal consultant on global cannabis regulation based in Barcelona, Spain. He advises clients on market entry and compliance and serves as a Senior Advisor at CannIntelligence.