Industrial Cannabis is not a Narcotic – Germany says it is. CBD in GERMANY 2024

Industrial cannabis is not a narcotic

German prosecutors insist hemp products are narotics even when The Single Convention on Narcotic Drugs 1961 ( “The Single Convention”) – says it isn’t. The Single Convention is the law under which Germany and most other countries prosecute narcotics.

The “intoxication clause”, contrary to EU law, allows German prosecutors to insist hemp products are narcotics. This intoxication clause is now described as “senseless” and will be deleted from German law by the ‘Industrial Hemp Liberalization Act’.

What is the Single Convention?

The Single Convention is an agreement entered into by 186 countries, including Germany, to identify narcotic drugs and stop their distribution. It was thought that If all countries worked together using The Single Convention as ‘shared’ law, it would be possible to stop the terrible social and economic harm narcotics do.

There is More than One Cannabis Variety.

Even though they may all look the same there is more than one variety of cannabis and it is made clear in The Single Convention that marijuana is a narcotic and industrial cannabis is not. The Convention was never intended to control industrial cannabis, The Convention was written to prosecute marijuana and marijuana only. And here is the problem. Germany is prosecuting not only marijuana but also industrial cannabis as a narcotic – and this is forbidden under The Single Convention. German prosecutors don’t care.

The Control of Cannabis. Article 28 of the Single Convention

Article 28 ( 2) of The Single Convention is designed to protect industrial cannabis from prosecution:

Article 28 (2) This Convention shall not apply to the cultivation of the cannabis plant exclusively for industrial
purposes (fibre and seed) or horticultural purposes.(3)

Does German Domestic Law have primacy over The Single Convention

It’s possible German prosecutors ignore Article 28 (2) feeling German domestic law supercedes international obligations. This is not an unreasonable view.

But in “Hammarsten” (4) an EU court case of great authority, the Advocate General Stix-Hackl is quite clear that Article 28 (2) is binding on all EU countries and industrial cannabis is not a narcotic under The Single Convention or EU law.

EU Law is binding on all EU member states including Germany. If EU law says it’s forbidden to prosecute industrial cannabis and its products as narcotics and German prosecutors and judges continue to do so, what does this imply? (5)

Even though there has been a great outcry from all sectors of the German community including top narcotics lawyers – German prosecutors continue to prosecute hemp and hemp products knowing that Article 28 (2) prohibits this. CBD in Germany 2024.

CBD flower and CBD in Germany 2024.

Footnotes:

• (1)https://en.m.wikipedia.org/wiki/Single_Convention_on_Narcotic_Drugs
• (2) https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=VI-15&chapter=6
• (3) Single Convention on Narcotic Drugs As amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs, 1961.
• (4) https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=ecli:ECLI%3AEU%3AC%3A2003%3A33 (JUDGMENT OF 16. 1. 2003 — CASE C-462/01 JUDGMENT OF THE COURT (Fifth Chamber) 16 January 2003 Hammarsten.
• (5) It’s clear the ECJ judgement of Kannavape makes the selling of hemp products, including CBD flower, legal in the EU providing certain conditions are met.