The German BGH (Federal Justice Court) has cleared court charges against an association of Braunschweig tea hemp retailers. It has also cleared the path for selling food commodities derived from hemp leaves and flowers on Germany’s market.
Contrary to the regional court’s perspective, the BGH asserted that the German Narcotics Act regulations generally do not ban the sale of hemp leaves and flowers for the user’s consumption purposes. This has led to questions regarding hemp product’s THC extracted from the crop’s buds.
BGH’s ruling arose in a scenario that began in Germany’s regional court where unnamed Braunschweig tea hemp sellers were arrested for drug trafficking. The regional court sentenced the retailers to multiple months in prison for engaging in narcotics but postponed jail time, putting the defendants on probation.
Hempro International GmbH, a top German hemp firm, said that in its 24th March 2021 judgement, the BGH declared that retail of hemp leaves and flowers to end users isn’t banned in principle.
In an attempt to show that the Regional Court didn’t falter in its verdict, BGH asserted that Germany’s District Court ruling didn’t evaluate whether the defendant’s intent also entailed the likelihood of misuse.
Hempro Int asserted that when evaluating the conceivable extent of abuse for intoxication under the narcotics law, industrial low-THC hemp is no longer categorized as such. It added that the possession and supply of unprocessed commercial hemp communities to final consumers is not affected by the Narcotics Act as long as the intentional misuse is excluded.
Last year, Hempro Int sued Dusseldorf City after the region prohibited sales and advertising of food substances containing natural CBD extracts. Also, the company has filed suits against Braunschweig City dating back to 2019. That lawsuit challenges Braunschweig’s stop-sell mandate against a wholesale purchaser of the company’s hemp HANF FARM food oil.