CBD Flowers in Germany: BGH Ruling & Our Statement

On 14.10.2022, the Federal Court of Justice (BGH) in Berlin upheld the conviction of two commercial traders of CBD flowers, including prison sentences of several years. The ruling is final. In this post we give our statement on the BGH ruling and explain whether CBD is legal in Germany and where things now stand with buying and possessing CBD flowers.

What happened?

Two commercial traders had stored not only CBD cannabis but also THC cannabis in their warehouse. In the fresh, dry plant there is usually only THC-A, which is converted into THC by heating. The convicted traders knowingly sold CBD flowers that can exceed the limit when burned, stored or heated. In our opinion, the high sentence stems from both of these circumstances. For our CBD flowers, we have already factored in this conversion through heating. THC-A can be converted into THC using a defined factor (0.877).

Our assessment: is CBD legal in Germany?

In Germany, cannabis flowers generally fall under the Betäubungsmittelgesetz – BtMG, regardless of their THC or CBD content. Trade is only permitted for commercial and scientific purposes. When supplying to end customers, misuse for intoxication purposes must be ruled out.

This vagueness leaves the courts a certain amount of room for interpretation. Our approach to ruling out misuse for intoxication purposes is based on 3 pillars:
1. Supply to end customers takes place only in very small quantities of 1g, 1.6g and 4g.
2. The limit is still below 0.2% THC even after heating. This means: THC + THC-A*0.877 is below 0.2%.
3. The effect of CBD vs. THC: CBD blocks the psychoactive effects of THC. According to many studies and an expert review by the WHO, CBD is said to counteract psychotic states.

What are the consequences?

The ruling mainly disadvantages local CBD retailers in Germany. End customers may continue to order from abroad, because the European free movement of goods applies.

The penalties imposed by the BGH on the commercial traders of CBD flowers are as high as for trading in high-strength illegal intoxicants. Raids, business closures, criminal proceedings and job losses are to be expected. We know from several partners that this has unfortunately already begun.
As jurisdiction lies with the courts, it comes down to the assessment of the potential for misuse. The lower the THC content, the less likely the risk of misuse.

May I continue to buy CBD flowers?

The BGH ruling on CBD flowers is final, but there are currently no consequences for end customers. There are no changes to the law. The purchase and possession of CBD products with a content of less than 0.2% THC is still permitted. It is essential to make sure that the goods you order always have a THC content below 0.2% (THC+THC-a*0.877). That is why we at MAGU test every product and provide the certificate of analysis. So you can continue to order all CBD products from our online shop without any problems.