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.
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 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.”
In response to CBDkaufen.com’s request, BfArM released its statement on the legal status of CBD in Germany:
“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).
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.
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.
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.
The cannabis extracts requested by CBDKaufen.com (CBD Oil, CBD-Isolate and other Cannabidiol Extracts) may – from a narcotics law point of view – only be sold to the end consumer if the extracts were obtained exclusively from industrial hemp (guideline values of the BfR.
The above-mentioned exemption only applies to products without a medical purpose. Products made of cannabis or hemp which are intended for medical purposes are only marketable and may be prescribed from the point of view of the German Narcotics Law if the requirements of Annex III to § 1 Para. 1 BtMG is fulfilled (“only from cultivation which is carried out for medical purposes under state control in accordance with Articles 23 and 28 Paragraph 1 of the 1961 Single Convention on Narcotic Drugs”).
According to this statement, it is perfectly legal for businesses in Germany to produce and sell Cannabidiol products to whomever who wants to buy CBD, as long as it fits the above-mentioned criteria of less than 0.2% THC / 0.005%THC for intake and if the product was made from European sourced Industrial Hemp. The original statement of the BfArM regarding the legality of CBD in Germany can be found here.
SOURCE: Effective Inbound Marketing
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