German authorities clarify status of CBD products

In Germany, as in France, some stores and distributors sell hemp derivatives. While some are are sealed by the police,the e-commerce site CBDKaufen.com has asked the competent authorities (the Swiss Federal Institute for Drugs and Medical Devices or BfArM) for clarification on the legality of CBD oils and their conditions of sale. The German authorities have provided a clear, precise and well-argued response.

France / Germany

Since the legalization of medical cannabis in Germany, the law on narcotics differentiates between the medical and non-medical use of cannabis. The latter remains prohibited but, in line with the European resolution on the matter, there are derogations for hemp. Trade in hemp is authorized as long as it complies with the provisions of European law, i.e. the variety in question must be registered in the European catalog and contain no more than 0.2% THC - so far no difference with France.

The difference between France and Germany lies in the interpretation of this resolution: Mildeca considers that it applies only to seeds and fibers, whereas Germany imposes no restrictions on the parts of the plant that can be used in industry, since European law does not specify any restrictions. According to BfArM, therefore, this derogation also applies to products derived from hemp flowers containing the famous molecule of cannabidiol, provided they comply with the above conditions.

Details of the German position

In his reply, However, the BfArM specifies that hemp flowers may only be traded for industrial (or scientific) purposes, i.e. they may not be sold directly to the consumer. This position is justified by the risk of misuse of the flowers, which can be smoked and therefore consumed «recreationally». However, German legislation stipulates that the hemp trade must not be used for «intoxicating» purposes. Thus, only processed CBD products may be legally sold as consumer goods.

Again with a view to eliminating the risk of detour at consumer level, BfArM applies a precautionary principle to processed products used in food. The agency has thus established indicative THC limits for products intended for oral consumption (for animals and humans). It recommends that the daily intake of THC in hemp foods should not exceed 1-2 micrograms (10^-6) per kilo (based on body weight). Considering that several foods of this type can be consumed in the same day, it has set the following THC limits for food products derived from hemp :

• 5 µg/kg for beverages
• 5000 µg/kg for oils
• 150 µg/kg for other foods

These limits apply to ready-to-eat foods (which are rarely sold by the kilo) and concern the total concentration of THC, including its precursor THCA. In practice, this means that for 200g of CBD chocolate, the THC limit is set at 30 micrograms. For beverages and oils, the situation is more complex: while 1 liter of water is equivalent to one kilogram, other liquids differ in mass, so a conversion must be made according to the liquid. The German agency also recommends that only hemp oils complying with these limits be used in cosmetics.

So German producers know what they have to do to avoid any clashes with the police and the law. Although’a fact-finding mission on wellness hemp has been requested by French MPs, the same cannot yet be said for French producers, who are still navigating in an unclear legal environment.