Germany: The Federal Court of Justice authorizes the sale of CBD flowers

The German hemp industry was eagerly awaiting the verdict of the Federal Court of Justice (BGH). The court was due to rule on the verdict of the Hanfbar, A store selling homemade salads, drinks, hemp-based energy bars and CBD products, including flowers, which led to him being raided on several occasions before being sued.

The defendants were sentenced to several months' imprisonment for selling the flowers, until they appealed to the country's highest court.

Selling CBD flowers to end consumers is not necessarily illegal

Yesterday, the BGH handed down its verdict and overturned the conviction of the Hanfbar. The case was referred back to the previous court for a final ruling.

In a press release, BGH stated that the sale of hemp flowers CBD for consumption is not illegal per se. Many law enforcement agencies and prosecutors had previously interpreted this differently.

The BGH also noted in the press release that abuse for the purpose of intoxication must be excluded, unless this had been the intention of the accused.

What does this mean for the German hemp industry?

Lawyer Kai-Friedrich Niermann wrote and published a statement shortly after the verdict was announced in Leipzig. In it, he also explains what the BGH decision means for the consumer CBD flower trade:

«As long as abuse for intoxication is excluded and dealers have no intention of possible abuse, the supply and possession of unprocessed industrial hemp products to end consumers is not covered by the Narcotics Act.»

With this decision by the Federal Court of Justice, the way is a little clearer for the German hemp industry. The regional court must now rule and conclude on the ongoing proceedings.