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 betting on the cannabinoid CBD in Germany usually don't have it easy. Now you 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 it can not intoxicate.

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

The case before the BGH 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. It held that the district court had not considered whether the defendants had also intended to use the product as an ingredient in baking.