CBD and the Police in Germany

Here’s the legislation. Remember 2 things when reading through it:-

Remember the judgment from the Federal Court of Justice (BGH) when reading through this. The judgment said in simple terms:-

  1. That sale to an end user ( ie. In a spati or kiosk ) meets the criterion of ‘commercial’ as set out in the statute.
  2. That providing intoxication is ruled out, there is no reason not not to sell flower to end users.

Remember what the European Court of Justice (ECJ) said in Kannavape: even though this was dicta (non binding) it is still authoritative to lesser courts. This dicta underlines what the ECJ expects from member states when judging matters involving CBD. In simple terms:-

  1. Trade in CBD can be restricted only if harm to the public good can be shown. Harm must be demonstrable and real.
  2. Hypothetical arguments are not to be used to demonstrate public harm.

If we look at the two paragraphs above, then read the stature below, it seems clear that the German prosecutor’s are applying the law incorrectly. Statute set out below.

Translated by Google,

Does CBD etc Fall Under the Narcotics Act ?

Cannabis sativa L. and the cannabinoid Δ 9 -tetrahydrocannabinol (Δ 9 -THC) it contains are subject to the regulations of the Narcotics Act (BtMG). Annex I to the BtMG defines cannabis as “marijuana, plants and plant parts of plants belonging to the cannabis genus”. Like cannabis resin (hashish), these are classified as non-marketable narcotics according to Annex I. According to Annex I of the BtMG, under the item “Cannabis”, letter a, cannabis seeds, which usually do not contain any cannabinoids, are exempt from the narcotics law if they are not intended for illegal cultivation.

Food made from cannabis seeds, such as hemp seed salad oil, hemp seed beer or hemp seed chocolate, is therefore not subject to the BtMG.

According to letter b), plants and plant parts of cannabis are also exempt from the narcotics law if they come from cultivation in countries of the European Union with certified seeds or their THC content does not exceed 0.2% and they are traded (with the exception of the Cultivation) is used exclusively for commercial or scientific purposes that exclude misuse for intoxicating purposes.

If hemp-containing products afteraboveRequirements are not subject to the BtMG, the general food law provisions apply to hemp-containing products that are placed on the market as food.

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