Pourquoi les fleurs de CBD sont-elles illégales en Allemagne ?
Why is CBD flower illegal in Germany, when it’s available in most every other EU country?
If a court decides CBD flower is legal, and the German state has illegaly prosecuted innocent people for selling CBD flower, then the German state will have to pay compensation for the damage it has caused.
This situation was made noticeable in a magazine article in Grunderszene. The police prosecutor seemed concerned that if Bunte Blüte weren’t convicted, procedural costs and compensation would need to be paid 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)
https://www.businessinsider.de/gruenderszene/perspektive/bunte-bluete-rauschgifthandel-berliner-justiz-streitet-um-cbd-startup.
It’s perhaps better that the Berlin prosecutors office make sure it gets its prosecutions right than worrying about paying for previous ‘…procedural costs and expenses of the Bunte Blüte founders’. If the Berlin prosecutors office have made a mistake and prosecuted the CBD startup Bunte Blüte incorrectly, then of course the office must pay:
- The procedural costs;
- Damages and compensation to the Bunte Blüte startup.
Why should the Bunte Blüte founders pay for the Berlin prosecutors mistake?
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. No one knows. 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. The thought of this must terrify prosecutors. It would certainly terrify me. Lidl had planned to put cbd products in over 3000 stores ….imagine paying for that.
https://businessofcannabis.com/lidl-signs-million-dollar-deal-to-sell-cannabis-products/https://cannabishealthnews.co.uk/2021/08/20/police-raid-lidl-in-bavaria-over-cbd-cookies/
Repaying Lidl alone for their damages must be a Kings ransome. What about the thousands of other shops. No one really knows how much the final figure is; what will it cost the Berlin prosecutors office and the Hamburg prosecuters office and the Munich prosecutors office and the Frankfurt prosecutors office …. it sounds expensive.
Is it possible the prosecutors don’t want to admit they have made a mistake because it’s personally embarrassing and discredits the prosecutors office? Perhaps this idea affects CBD trials being held currently and future trials to come.
Would it be more convenient if CBD flower remains illegal and the prosecutors reputation remains intact? These are fair questions to ask. The Berlin Court in the bunte blute trial originally dismissed the case as a nothingburger. The Berlin police prosecutor was forced to appeal two times in the Bunte Blüte case and finally found a willing court who agreed CBD flower is illegal. But he had to push and push and push to get a conviction. The Berlin Court implied the case he brought was silly and lacked merit.
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 – seemingly outmoded, and denied the freedoms offered under European Union law.
How long can German courts prevent a CBD flower case reaching the European Union Court. I would suggest not long.
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 which benefit all countries not just one. Roll on to the European Court of Justice and the European judges decisions.
(2) Ibid.
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