BGH ruling backs CBD start-ups

According to a ruling by the Federal Supreme Court, the sale of CBD flowers to customers can be legal. However, a crucial restriction remains.

Start-ups that focus on the cannabinoid CBD in Germany usually do not have it easy. Now they could achieve a partial success. The Federal Court of Justice (BGH) has ruled that the sale of CBD flowers to end customers can be legal - provided that it is ensured that they cannot become intoxicated.

Cannabinoids are active substances contained in various plants. The best known are THC and CBD. Since these two can have an intoxicating effect, it is complicated for startups to distribute products. As a start-up that focuses on cannabinoids, there are often discussions with authorities, Synbiotic founder Lars Müller recently told Startbase.

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