cbd oil germany legalDecember 15, 2021
Malchow said, “we have to finally stop whitewashing” cannabis use, pointing out that consumption among youth especially, can lead to serious health and social problems.
Frank Ulrich Montgomery, chief executive of the World Medical Association (WMA), also warned of the dangers of legalization.
Speaking with Germany’s Rheinische Post newspaper, Lauterbach said, “I was against legalizing cannabis for years. But now, as a doctor, I have come to a different conclusion.”
“From a medical point of view, the legalization of cannabis must be clearly rejected.” Montgomery told the Funke Media Group that he thought the issue of legalization was politically motivated.
All three parties have also concluded that the current policy of prohibiting cannabis use is not working and have called for a new approach, namely legalization, decriminalization and regulation.
Flipping the Script – Should Germany legalize cannabis?
Karl Lauterbach, politician and health expert with Germany’s Social Democrats, has said legalizing cannabis would protect users from dangerous impurities. However, police and teachers have spoken out against the idea.
Some products derived from cannabis, such as CBD, are legal in Germany.
The politician said his change of heart was prompted by the fact that police now report finding other substances mixed into cannabis. Lauterbach said legalization would protect consumers.
Social Democratic Party (SPD) health expert Karl Lauterbach on Wednesday urged the SPD, Greens and Free Democrats (FDP) hoping to form Germany’s next government to legalize cannabis should they come to power.
In a June interview with DW, FDP drug policy expert Wieland Schinnenburg complained that Germany’s roughly four million regular cannabis users were being forced to purchase product of unknown quality on the black market.
All three of the parties have also voiced a certain level of support for legalizing cannabis. The Greens, for instance, proposed legalization in 2015 and 2020 as a way to dry up the country’s illicit cannabis trade, protect youth, relieve police and courts of work, and free up resources the party said could be invested in prevention and therapy programs.
Coalition negotiations between the SPD, Green Party and the FDP are ongoing, with many of those involved voicing optimism about the prospects of success in forming a government.
Other critics include Heinz-Peter Meidinger, president of the German Teachers’ Union, who told Germany’s newspaper network Redaktionsnetwork (RND), “The example of the Netherlands shows that legalizing soft drugs also leads to a drastic uptick in the use of hard drugs. The line between soft and hard drugs becomes blurred.”
In 2018, Düsseldorf-based economist Justus Haucap compiled a report estimating that the total sum of money saved (police and courts) and generated (taxes) by legalization of cannabis could total €2.6 billion ($3.01 billion).
Still, not everyone is in favor of the idea. On Monday, German Police Union (GdP) Chairman Oliver Malchow told the Neue Osnabrücker Zeitung newspaper that it “makes no sense to open the door to the use of yet another supposedly harmless drug” beyond alcohol.
‘Traffic Light’ parties all in favor of legalization.
Furthermore, he added that the country was losing a lot of money. “If the state were to sell it officially, it would take in a lot in taxes, which it could then invest in prevention and therapy,” he said.
“That is why I am in favor of formulating a new law on the legal and controlled distribution of cannabis to adults should a coalition contract be signed with the Greens and the FDP,” Lauterbach told the newspaper.
Cannabis is by far the most widely used illegal drug in Germany, with nearly a quarter of all adults saying they have consumed it at some point.
Not everyone is high on the idea of legalizing cannabis.
This derogation shall also apply to preparations of the plants or parts of plants if they comply with the above conditions.
Since the free trade is restricted to commercial or scientific purposes, unprocessed or processed (e.g. only dried and crushed) parts of plants may not be sold to the end consumer.
In Germany, however, the online shop CBDKaufen.com has asked the “Federal Institute for Drugs and Medical Devices” (BfArM), the body responsible for declaring the legal status of products in Germany, whether or not CBD-Oils is legal in Germany and if CBD products can be sold freely in Germany.
According to letter b under the position Cannabis in Annex I to § 1 paragraph 1 BtMG, plants and plant parts of plants belonging to the genus Cannabis are excluded from the narcotic regulations if they originate from cultivation in countries of the European Union with certified seeds ( industrial hemp) or their content of THC does not exceed 0.2 % and the trade with them (except cultivation) serves exclusively commercial or scientific purposes which exclude a possibility for abuse for intoxication purposes.
In response to CBDkaufen.com’s request, BfArM released its statement on the legal status of CBD in Germany:
BERLIN, GERMANY / ACCESSWIRE / May 6, 2019 / Since January 2019 there have been several seizures of CBD-Shops throughout Europe. CBD, a non-psychoactive component of the Cannabis plant, however, does not fall under the Narcotic Laws of Europe, as far as it complies to certain criteria.
According to C. Badde of CBDkaufen.com, “our goal is to demystify the complex legal issues surrounding the distribution of cannabidiol products and make sure business owners and consumers are operating within the legal safety net.”
“With the Act on the Amendment of Narcotic Law and Other Regulations, which came into effect on 10.03.2017, the legislator changed the position of cannabis in Annexes I to III to section 1 Paragraph 1 of the Narcotic Law (BtMG) in Germany. Since then, the Narcotics Act has distinguished between cannabis in Annex III (use for medical purposes) and cannabis in Annex I (use for non-medical purposes). Annex I also provides for exemptions for hemp (see letters b and d under the heading cannabis).
This does not apply to preparations with processed industrial hemp of the above-mentioned varieties, even if they still contain small THC residues from the plant parts. However, the condition for sale to the end consumer is that abuse for intoxication purposes can be ruled out. The limit values of the BfR can be invoked here if oral ingestion of the product is intended.
German Medicinal Products Act.
Only a physician can prescribe cannabis or finished medicinal products with cannabis (see Article 13 paragraph 1 sentence 1 BtMG). However, many physicians are still reluctant to prescribe cannabis. This is, inter alia, caused by the persistent stigma of cannabis as a recreational narcotic. Furthermore, physicians often have a lack of knowledge about the prescribable cannabis products and possible effects.
Following the BtMG reform and in line with the UN Single Convention on Narcotic Drugs, the German Federal Institute for Drugs and Medical Devices (BfArM) created a Cannabis Agency ( Cannabisagentur) that is responsible for the control and monitoring of the cultivation of cannabis for medicinal purposes in Germany. All authorised cultivators have to sell all of their crops of cannabis to the Cannabis Agency. The Cannabis Agency will purchase and take possession of the produced cannabis. Further, the Cannabis Agency will sell the medical cannabis to producers of medicinal products, pharmaceutical wholesalers or pharmacists and will therefore define a sales price.
Food Containing Cannabinoids Can Fall under the BtMG.
The BLE is responsible for the import regulations from third countries, the cultivation notification for industrial hemp and the implementation of THC controls in hemp cultivation.
However, the German Federal Court of Justice ( Bundesgerichtshof, BGH) ruled on 21 April 2021 that the German Narcotics Act does not require that the end-user of a cannabis product such as hemp tea must also use the product for commercial purposes himself or herself. With its decision, the Federal Court of Justice ruled that food containing cannabis can also be marketable in principle without infringing the German Narcotics Act. In doing so, the court clearly rejected the previously prevailing opinion in case law and literature that selling CBD products to end-users for consumption purposes could never constitute a commercial purpose. The court now opens up new perspectives for food containing cannabis by clarifying a long-running national dispute about the interpretation of the Narcotics Act. Nevertheless, the CBD product in question must still exclude the opportunity for abuse for intoxication purposes.
There are several challenges that market participants in the cannabis sector face and have to consider when establishing their business models.
However, the current governing Conservative Party ( Christlich Demokratische Union, CDU) – as well as the current drug commissioner of the federal government – have so far rejected the idea of legalisation of cannabis for recreational use.
1.1 Source of Regulations.
Decisions by the German authorities can be reviewed by administrative courts upon application.
Anyone who cultivates, manufactures, trades, imports, exports, delivers, sells, otherwise places on the market, acquires or sells narcotics without trading in them requires a general licence according to Section 3 BtMG. In the case of an import to Germany according to Section 11 (1) BtMG, a further permission must be obtained for each individual delivery.
Recreational Regulation Is an Election Topic in 2021.
Pursuant to the Novel Food Catalogue of the European Commission, extracts of Cannabis sativa L. and derived products containing cannabinoids are considered novel foods as a history of consumption (before 1997) has not been demonstrated. This applies to both the extracts themselves and any products to which they are added as an ingredient (such as hemp seed oil). It further applies to extracts of other plants containing cannabinoids and synthetically obtained cannabinoids.
2.1 Cross-Jurisdictional Standards.
CBD in cosmetics.
The current regulatory regime has been developed and refined substantially since 2017. Major aspects of the cannabis business are now covered by legislation and/or regulations. However, some relevant questions still need to be further addressed and a respective administrative practice needs to be established. Court decisions allow for more and more guidance, in particular in the growing CBD business.
There are several criminal law regulations in connection with cannabis, such as the following.