Germany confirms the legality of hemp flowers! Good news for CBD in Europe

The advance of CBD in Europe continues apace, and this time the good news comes from Germany. The German government has presented a bill that confirms the legality of hemp flowers and assures that their regulation does not contravene international treaties, especially the 1961 Single Convention on Narcotic Drugs.

This news is an important milestone for the hemp and CBD sector, as it addresses one of the main obstacles faced by many countries: the misinterpretation of hemp flowers as narcotic drugs due to confusions in definitions and their nature in relation to international treaties.

The problem of hemp flowers in Europe

In several member states of the European Union, legal uncertainty still persists with respect to hemp flowers. Some administrations interpret the flowers as narcotic drugs, based on a restrictive reading of international treaties, which limits their marketing and industrial use.

This confusion arises, in part, because of the specific mention of “fibers and seeds” in Article 28(2) of the 1961 Single Convention on Narcotic Drugs, explicitly leaving out flowers. However, this interpretation does not consider the scientific and economic advances that have expanded the industrial use of hemp, including CBD flowers.

Germany clarifies and confirms the legality of hemp flowers

The German bill, entitled “First Bill for the Amendment of the Cannabis Consumption Act – Liberalization of Industrial Hemp”, proposes significant changes for the sector:

1. Elimination of the “abuse clause”: The clause that restricted trade in industrial hemp if there was a possibility that it could be used for intoxicating purposes was eliminated. This clause had been interpreted in a restrictive manner, generating legal uncertainty and limiting the development of the sector.
2. Permission for indoor cultivation: Indoor cultivation of industrial hemp is authorized, expanding opportunities for growers and allowing more precise control of the content of substances in the plants.

The German draft explicitly mentions hemp flowers as part of legal industrial hemp:

“9. Industrial hemp: Plants, flowers and other parts of plants of the genus Cannabis, if…”
(§1 number 9 of the bill)

This inclusion is crucial, as it recognizes flowers as an integral part of industrial hemp and allows their use and commercialization, as long as the THC content does not exceed 0.3%.

Legal reasoning and compatibility with international treaties

Germany argues that its draft does not contravene the 1961 Single Convention. In the explanatory memorandum, it states:

“The draft is consistent with the 1961 Single Convention on Narcotic Drugs in its 1972 version. The Single Convention obliges in Article 28, paragraph 3, States parties to prevent the abuse of the leaves of the cannabis plant and its illegal trafficking, but explicitly excludes in Article 28, paragraph 2, the cultivation of industrial hemp for exclusively horticultural and commercial purposes (fibers and seeds).”
(Section V. Compatibility with European Union Law and International Treaties).

Furthermore, the German government reasons that, with the entry into force of the Cannabis Consumption Act (KCanG), which legalizes access to cannabis with THC for personal consumption, there is no justification for restricting industrial hemp:

“With the possibility provided by the Cannabis Consumption Act (KCanG) to obtain cannabis for consumption purposes legally, the abuse of industrial hemp for consumption under the KCanG regulation is ruled out. Therefore, the elimination of the abuse criterion can be made in compliance with the UN conventions.”
(Section V. Compatibility with EU law and international treaties).

This reasoning is significant, as it argues that since there is legal access to recreational cannabis with THC, there is no need to restrict industrial hemp for fear of possible misuse.

Implications for other countries of the European Union

Although this project is specific to Germany, its implications transcend borders. The legalization of recreational cannabis in one EU member state has legal and practical implications for other countries:

1. Public health protection argument: If an EU country allows legal access to cannabis with THC, the argument of protecting public health by restricting industrial hemp loses force. This reasoning could be applied in other member states, challenging current restrictions on hemp flowers.
2. Legislative harmonization: Germany’s action may encourage other countries to review and update their legislation, especially those that still interpret hemp flowers as narcotic drugs.
3. Free movement of goods: Under EU law, restrictions on trade between member states must be justified and proportionate. Germany’s decision may strengthen the position that low-THC hemp flowers should not be subject to trade bans.

Hemp is not a narcotic drug: support of Article 28(2)

The German draft also reinforces the interpretation that industrial hemp is not a narcotic drug and is supported by Article 28(2) of the 1961 Single Convention, which excludes industrial hemp from the restrictions applicable to psychoactive cannabis.

This is crucial to argue that hemp flowers, when they have a THC content of less than 0.3%, should not be considered narcotic drugs and their industrial use and commercialization should be allowed.

When will this project be approved?

The bill was introduced on October 11, 2024 and, according to the document, is expected to enter into force the day after its enactment. While there is no exact date for its final approval, the legislative process in Germany is usually efficient in these cases, and it is likely to be approved in the coming months, thus consolidating these changes in German law.

Conclusion

Germany’s confirmation of the legality of hemp flowers and their compatibility with international treaties is a significant development for the CBD sector in Europe. This step not only benefits the German market, but sets a precedent that can influence other EU countries.

At Cannactiva, we celebrate this progress and remain committed to promoting and disseminating accurate information about hemp and CBD. We firmly believe that industrial hemp is a plant with enormous benefits and that its proper regulation can drive sustainable economic development and offer healthy alternatives to consumers.

The future of hemp and CBD in Europe is promising, and this news from Germany is proof of that!

Sources of interest: https://www.bundesrat.de/drs.html?id=490-24