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: Cannabinoid 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 and there is no suitable approved pharmaceutical medicine. In this case, medical cannabis could be prescribed for the treatment of 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 several restrictions would apply. For instance, outdoor cultivation would be prohibited, as cultivation could only be carried out in places that are not visible to the public.

The import and export of medical cannabis would also be expressly permitted, though the requirements for doing so will have to be established later by regulation.

A rollercoaster ride for French patients

The road to legalization in France has not been a smooth one. France launched a limited pilot program for medical cannabis in 2021 that saw enrollment around 2,000 to 3,000 patients. The results of the program were very positive, with patients reporting substantial benefits over long periods of time.

The program was initially set to last only two years, but it was extended to 2024 in what appeared to be a positive development towards legalization.

However, chaos ensued at the end of 2024 when parliamentary efforts around the future of the program fell apart. After a no-confidence vote in the government in December 2024, the French parliament scrambled to pass a budget for 2025, which initially did not include an extension of the pilot program. Patients were told that the program was likely to be suspended for 2025 and might resume in 2026, but no guarantees could be given.

The government finally passed a budget which included an extension of the program, but it was little relief to patients. The program was only extended until June 30, 2025, and patients were told that the six-month extension was only intended to allow them to seek alternatives and transition from medical cannabis. The future of medical cannabis in France looked uncertain at best and improbable at worst.

However, Health Minister Yannick Neuder, who assumed office at the end of 2024, brought renewed hope for medical cannabis patients in February when he expressed positive views on medical cannabis and said that he would refer to matter the High Authority of Health to potentially establish permanent access to medical cannabis.

Neuder later announced a one-year extension of the pilot program to avoid a disruption in supply of medicine to patients before finally notifying the European Union of the government’s intent to make access to medical cannabis permanent.

Part 2 – Spain

Spain also to legalize medical cannabis 

France’s neighbor to the south has also informed the European Union of its intention to allow medical cannabis. Spain notified the European Union in late-January following a years-long study on the benefits of medical cannabis. Much like France, Spain’s framework on medical cannabis would be restrictive yet a step in the right direction.

Under Spain’s regulatory framework only standardized preparations would be allowed, thus precluding the prescription of cannabis flower. Only specialist doctors could prescribe medical cannabis for spasticity from multiple sclerosis, refractory chronic pain, refractory epilepsy, and nausea and vomiting due to chemotherapy. Furthermore, medical cannabis could only be dispensed at hospital pharmacies.

Spain is expected to approve the regulatory framework in mid-2025.

Due to the restrictions on access to medical cannabis in the proposed regulations in Spain and France, there is still significant progress to be made for patients. However, legalizing cannabis in the second-largest (France) and fourth-largest (Spain) EU Member States represent major milestones in medical cannabis in Europe and globally.

With France and Spain boasting a combined population of over 110 million people, even restrictive frameworks would allow legal access to tens of thousands of patients. Although the fight for broader access will undoubtedly continue in both countries, both movements have achieved undeniable victories for patients.

March 26, 2025

Kight Law attorney Anthony Traurig is a legal consultant on the global regulation of cannabis. Residing in Barcelona, Spain, Anthony has advised clients on expanding into international markets for many years as a Senior Legal Analyst at CannIntelligence. (He continues working with them as a Senior Advisor.) Anthony has worked with companies of all sizes and from all corners of the globe helping them identify enticing markets to expand into, understand requirements for market entry, and track the latest developments in the global cannabis sector.