Why is CBD flower illegal in Germany?
Why is CBD flower illegal in Germany, when it’s available in most every other EU country? It really seems as if German police prosecutors are fighting hard to make sure CBD flower stays illegal. Why would this be?
It is useful to remember that if a court decides CBD flower is legal, then the prosecutions and arrests for CBD flower which have taken place across Germany over the last 10 years – are all illegal. If the German state has illegaly prosecuted innocent people – and this seems very possible – it becomes expensive. The state will have to pay compensation to those people for the damage done.
This situation was made noticeable in a magazine article in Grunderszene. (1 ) The police prosecutor seemed concerned that if Bunte Blüte weren’t convicted, procedural costs and compensation would need to be paid by the Berlin prosecutors office to the Bunte Blüte founders.
‘The Berlin public prosecutor’s office has already lodged a complaint against the court’s decision, as Senior Public Prosecutor …… confirmed to Gründerszene. If the complaint is rejected, the state of Berlin would have to cover the previous procedural costs and also the expenses of the Bunte-Blüte founders.’ (2)
It’s perhaps better that the Berlin prosecutors office make sure it gets its prosecutions right. If the Berlin prosecutors office have made a mistake and prosecuted the CBD startup Bunte Blüte incorrectly, then the office has to put it right and pay procedural expenses for this mistake. That’s normal, after all why should the Bunte Blüte founders pay for the Berlin prosecutors mistake? The large amount of money to be repaid must be very concerning.
What is the price to be paid for the shutting down profitable businesses ? What is the price to be paid for breaking down doors and pointing guns and confiscating property: and the price of intimidations and harassment of people and businesses like Bunte-Blüte and Hanfbar in Braunschweig for example. No one knows of course. Not yet anyway. Sounds expensive though!
Imagine how much it costs to repay Lidl, who were forced to remove CBD and hemp products from Lidl stores across Germany. Repaying Lidl alone for their damages must be a Kings ransome. No one really knows how much these reparation payments will cost the Berlin prosecutors office and the Hamburg prosecuters office and the Munich prosecutors office and the Frankfurt prosecutors office …. sounds expensive though!
Is it possible the prosecutors who organised the raids and arrests on these CBD firms don’t want to admit a mistake was made – don’t want these repayments to happen. To make repayments is embarrassing and discredits the prosecutors office. Is it also possible, because of this police prosecutors have a vested interest in court outcomes, and if they have a vested iterest how does this affect the quality and justice of the trials being held and future trials to come? Perhaps not at all – perhaps a little bit, no one knows.
Would it be easier and even better if CBD flower remains an illegal product so that no compensation payments need to be made and the prosecutors reputation is unharmed? Perhaps it is or perhaps this is just another conspiracy theory. Could this be the reason the police prosecutor appealed in the Bunte Blüte case not once but two times forcing the case to a trial making CBD flower illegal?
Eventually a CBD flower case will be judged at EU level and the truth will come out about the legality of CBD flower in Germany. Until then German citizens are forced to endure German law and denied the right of European Union law. How long can German courts prevent a CBD flower case reaching the European Union Court where the EU court will make a judgement that benefits Europe as a whole. Domestic courts like Germany or France understandably make a judgement which benefits Germany and France, but for a shared market to prosper, laws must be made to benefit all countries. Roll on to the European Court of Justice.
(2) Ibid.
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