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Is CBD legal in Germany ?

Here is the legislation set out below. It is important to be aware of 2 things when reading the statute set out below:-

The judgment from the German Federal Court of Justice (BGH) which said in simple terms and is binding on German court decisions:-

  1. That sale to an end user ( ie. In a spati or kiosk or gas station ) meets the criterion of ‘commercial’ as set out in the statute. This means the sale to spatis and kiosks of CBD flower is legal and sale by spatis and kiosks of CBD flower is legal, providing:-
  2. That providing intoxication is ruled out.

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 which means all German 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, German prosecutor’s have consistently used hypothetical arguments to prosecute CBD retailers ( Bunte Blute). An example of a hypothetical argument is that 100grqms of CBD flower can be baked into a large cookie and this large cookie is intoxicating. Read the statute as set out below and it seems clear that the German prosecutor’s are applying the law incorrectly.

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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