BGH ruling gives CBD start-ups a boost

According to a ruling by the Federal Court of Justice, the sale of CBD flowers to customers may be legal. However, one decisive restriction remains.

Start-ups that rely on the cannabinoid CBD in Germany usually don't have an easy time of it. Now they have achieved a partial success. The Federal Court of Justice (BGH) has ruled that the sale of CBD flowers to end customers can be legal - provided it is ensured that they cannot become intoxicated.

Cannabinoids are active substances contained in various plants. The best known are THC and CBD. As both of these can have an intoxicating effect, the distribution of products is complicated for start-ups. As a start-up that relies on cannabinoids, there are often discussions with the authorities, Synbiotic founder Lars Müller recently told Startbase.

The case before the BGH concerned a ruling by the Braunschweig Regional Court against two defendants who had sold loose tea made from EU-certified industrial hemp in their stores. The Regional Court of Braunschweig had sentenced them to several months' imprisonment on probation, as the products could be intoxicating if used as an ingredient in baking. The BGH overturned this verdict following an appeal by the defendants, but upheld the finding on the facts of the case. The Regional Court had not examined whether the defendants had also intended to use the product as a baking ingredient.