Hanfbar CBD Court Case – finally over? (English Language Version)

Finally the two young founders of the Hanfbar startup, have been relieved from the harassment and stress which the German State has unnecessarily placed on them for approximately six years. Violent police raids, imprisonment, bank accounts closed, money confiscated and constant business disruptions, that saw them finally throw their hands up in despair and sell their much loved hemp business.

According to the newspaper article NWR.de the German state has now confirmed further prosecution of the Hanfbar founders would cease – because the case is in fact too insignificant to prosecute. If it’s too insignificant to continue prosecuting its fair to ask – should the prosecution have been started in the first place?

The court has decided the prosecution of Hanfbar will be dropped after six years, is this an acknowledgement that prosecuting the CBD startup was a mistake from the beginning, that police prosecutors perhaps got it wrong?

According to the newspaper article below, it seems there was no apology given, even no repayment of monies confiscated. The article reports that the young men didn’t even request a return of the goods which had been confiscated from them by police prosecutors. The Hanfbar founders gave up everything, simply to have a normal life again. No money returned, no goods returned, no apology made by the people who started the prosecution against them, a prosecution, which it turns out the court felt was too insignificant to continue. This lets us know the situation they have been placed in by relentless and it seems, unnecessary, pressure placed on them by the German legal system.

It seems important to ask is this fair ? The vast wealth of the German State used to prosecute and harass two young men for a six year period, but the vast wealth of the German State is not used to help correct the mistake made and rebuild their lives. Millions of Euroes in taxpayers money has been used to needlessly prosecute a case which is later said to be insignificant, and two young men have been needlesssly harassed out of business – without receiving any compensation – and not even an apology.

It would make sense if the Braunschweig treasury were used, not just to pay proceedural costs for the court case, but to put the Hanfbar founders, back in the position they would have been in, had the Braunschweig prosecutors office, not embarked on the prosecution which crushed their lives and their business.

After all, it seems the Hanfbar start up wasn’t as bad as prosecutors made out – Hanfbar is still trading and still selling CBD flower and the police know this, but now the business has new owners.

It’s an unusual message the last six years sends out to a wider audience beyond Germany. Germany encourages startups, the call has gone out across Europe for businesses which are cutting edge, innovative and ahead of the rest to choose Germany as a business location. We’ve seen exactly what’s happened in Germany to one very innovative business, well ahead of the rest – Hanfbar. Unfortunately this business was too innovative for police prosecutors who systematically decided to crush it and according to the courts – unnecessarily.

Which new business ventures will be safe in Germany and which won’t, who knows. Having become familiar with this whole story, some business start ups might prefer another European country in which to set up their business, where there is less risk of police involvement and more use of negotiation.

NDR.de

As of: August 30, 2023 7:36 p.m

(Google translate from German to English )

Regional Court Finally Discontinues Hanfbar Case

Around six years after the “Hemp Bar” opened in Braunschweig, the legal processing of the case has finally been completed. The regional court finally stopped the process on Wednesday.

According to information from NDR Lower Saxony, the proceedings were discontinued shortly after the start of the trial day at the Braunschweig Regional Court due to insignificance – so it ended without a verdict. In return, the two defendants are said to have refrained from demanding back around 33,000 euros in cash as well as hemp flower teas worth several thousand euros. Money and goods were seized in several raids . In addition, there should be no compensation for the two accused for the five-week pre-trial detention period. It was said that the termination of the process was final. The costs of the procedure are borne by the state treasury.

https://www.ndr.de/nachrichten/niedersachsen/Landgericht-stellt-Hanfbar-Prozess-endgueltig-ein,hanfbar150.html
  • case discontinued due to insignificance
  • no verdict given
  • no return of monies confiscated by police €33,000
  • no return of goods confiscated by police
  • no compensation for prision time ( 5 weeks)
  • procedural costs borne by the state

German version:

Schilder mit der Aufschrift Landgericht, Oberlandesgericht und Generalstaatsanwaltschaft hängen an einem Gebäude. © NDR Foto: Julius Matuschik

Landgericht stellt “Hanfbar”-Prozess endgültig ein

Stand: 30.08.2023 19:36 Uhr

Rund sechs Jahre nach Eröffnung der “Hanfbar” in Braunschweig ist die juristische Aufarbeitung des Falles endgültig abgeschlossen. Das Landgericht stellte den Prozess am Mittwoch endgültig ein.

https://www.ndr.de/nachrichten/niedersachsen/Landgericht-stellt-Hanfbar-Prozess-endgueltig-ein,hanfbar150.html

Das Verfahren wurde nach Informationen von NDR Niedersachsen bereits kurz nach Beginn des Prozesstages vor dem Landgericht Braunschweig wegen Geringfügigkeit eingestellt – endete also ohne Urteil. Im Gegenzug sollen die beiden Angeklagten darauf verzichtet haben, rund 33.000 Euro Bargeld sowie Hanfblütentees im Wert von mehreren Tausend Euro zurückzufordern. Geld und Waren waren bei mehreren Razzien sichergestellt worden. Außerdem soll es für die beiden Beschuldigten keine Entschädigung für die Zeit der fünfwöchigen Untersuchungshaft geben. Die Prozesseinstellung sei endgültig, hieß es. Die Kosten des Verfahrens trägt die Staatskasse.

https://www.ndr.de/nachrichten/niedersachsen/Landgericht-stellt-Hanfbar-Prozess-endgueltig-ein,hanfbar150.html

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