Connect with us


Germany: Federal Supreme Court says selling hemp flowers is legal



Photo: DR |

The Federal Court of Justice of Germany (BGH) declared that the sale of hemp flowers and leaves to consumers cannot be prohibited, in a decision published last week, announced the RTL. The decision strengthens the legality of the sale of industrial hemp-based products in Germany and corroborates the view already expressed by the European Supreme Court of Justice.

For the European Industrial Hemp Association (EIHA) this decision, together with the European Court of Justice decision of November 2020, is a historic step towards the successful development of the hemp industry in Europe.

In this way, the BGH recognizes and protects the rights of German farmers and producers, as well as retailers and traders of hemp-based products.

Distribution to end consumers and possession of unprocessed commercial hemp products thus do not fall under the Narcotic Drugs Act, as long as there is no intentional misuse for intoxication purposes. The decision of the 6th Criminal Senate of the BGH follows a judgment by the Regional Court of Braunschweig, on criminal liability for the sale of cannabis tea.

The case of Braunschweig's cannabis tea
Defendants in the Braunschweig case were sentenced to several months of probation for drug trafficking for selling hemp tea, which was EU-certified and low in THC (0,08% to 0,33%). The expert of the Regional Court of Braunschweig determined that the consumer could suffer intoxication with the product if he used it as a bakery ingredient, instead of putting water on it.

According to the German Narcotic Drugs Act, EU cannabis can be sold exceptionally if it “serves exclusively for commercial or scientific purposes which exclude abuse for intoxicating purposes”. The district court said the sale “to end users for consumption purposes” was prohibited, but according to the BGH ruling, that is not the case. However, the Supreme Court has pointed out that the abuse of the cannabis product for intoxication must be ruled out. The ruling means that selling cannabis tea to consumers is legal as long as no one gets intoxicated with it.

Click here to comment
Notify of
Inline feedback
View all comments

Watch the Documentary "Patients"

Documentary Patients Laura Ramos help us grow

Mais recentes

Press Releases5 hours ago

Porto, Matosinhos, Valongo and Paredes – Eight arrested for drug trafficking and more than 8000 doses of drugs seized

The Porto Territorial Command, through the Criminal Investigation Center (NIC) of Santo Tirso, between the 20th and...

National2 days ago

Portugal: GNR seizes 3 tons of hashish in the Guadiana River

The Coastal and Border Control Unit (UCCF) of the National Republican Guard (GNR) seized last Friday, the 23rd...

Events2 days ago

Spannabis 2024: Barcelona hosts the 20th edition of the largest cannabis exhibition in the world, from March 15th to 17th

Barcelona is preparing to host the 20th edition of Spannabis, the largest cannabis fair in the world, on the 15th,...

International5 days ago

Germany: Bundestag voted today in favor of legalizing cannabis, but Federal Council approval is still needed

The Bundestag debated and voted this afternoon on the project to legalize the personal use of cannabis in the country, with 407...

International6 days ago

Germany: Legalization will be discussed this Friday, the 23rd

The German Bundestag will finally deliberate on the legalization of cannabis for personal consumption in the country. The debate, which has been...

Hemp1 weeks ago

Hemp cultivation in the Azores will have an information session on Terceira Island

The Confraria Internacional Cannabis Portugal and CannAzores join forces to promote an Information Session on the Cultivation of...

Health2 weeks ago

CBD and CBC show promising results in head and neck squamous cell carcinoma

A study published in the journal Cancers found that cannabis extracts rich in CBD (cannabidiol) can kill breast cancer cells...

International2 weeks ago

Ukraine: Zelensky signs bill to legalize medical cannabis

Ukrainian President Volodymyr Zelensky signed a bill legalizing medical cannabis in Ukraine, with the expectation that...

National3 weeks ago

Portugal: Associação Mães pela Canábis publishes e-book on medicinal cannabis

The Association of Mothers for Cannabis (AMC) announced the launch of an e-book entitled “Frontiers of Cannabis: SCIENCE, THERAPEUTICS &...

corporations4 weeks ago

Akanda signs letter of intent to sell RPK Biopharma to Somaí. “It will be one of the few vertical cannabis companies in the EU”, says Michael Sassano

Akanda Corporation, an international medical cannabis company listed on Nasdaq (AKAN) and which owns the Portuguese company Holigen, announced...