Media Report: German Courts Continue To Prosecute Hundreds Of Cannabis Businesses Despite Looming Legalisation

Business Cann reports

HUNDREDS of companies are still being hounded through the German courts for alleged breaches of the country’s strict cannabis laws – despite the country signalling its intent to imminently introduce adult-use legislation.

Just last month two German businesses failed in their attempt to overturn a ban on the sale of hemp and CBD products after a court dismissed their case.

The Administrative Court of Braunschweig aligned with previous judgements which concluded that products derived from low-THC hemp had potential ‘intoxicating’ properties.

The lawyer representing the appellant businesses believes there are ‘several hundred’ similar cases being processed in the country’s courts.

No Potential For Intoxication

But, with the new Traffic-Light Coalition intent on a complete overhaul of the country’s approach to cannabis, he is hopeful new legislation will stymie these actions.

Kai-Friedrich Niermann told BusinessCann: “In 2021 the expert commission at the Federal Institute for Drugs and Medical Devices (BfArM), on behalf of the last Government concluded that produces derived from low-THC industrial hemp had no potential for intoxication.

“Yet the last Government consistently refused to acknowledge these findings and the courts have therefore erred on the side of caution and prohibition.

“The findings and proposals of the expert commission have now been accepted by the new Government and could be adopted immediately. They are currently being discussed in Bundestag in Berlin.”

No Changes Until 2023?

However, with the situation in Ukraine prompting the new Government into a significant overhaul of its energy and defence policies it may take some time for the adult-use bill and hemp amendments to make their way through Parliament.

Mr Niermann added: “Theoretically, implementation of the amendments concerning hemp products could be quick. Realistically, however, it will take until the summer recess of parliament.

“In the worst case, everything will only be decided together with the new cannabis legislation, perhaps at the end of 2022 or beginning of 2023.”

German Courts Continue To Prosecute Hundreds Of Cannabis Businesses Despite Looming Legalisation

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