In Germany, possession of any form of cannabis (with the exception of legal specified cannabis and CBD products), is illegal and punishable by law with a fine up to €25,000 or jail time of 2 years.
The rules under the Narcotic Drugs Act also cover the legality of another cannabis variety – hemp.
In addition to CBD, Germany is also one of the first countries in the European Union to have also legalised medical cannabis that contains Tetrahydrocannabinol (THC). It is the THC compound that generates psychoactive effects in the user’s mind when cannabis is consumed. Doctors can now prescribe medical cannabis which contains lesser than 0.2% of THC.
Will recreational cannabis ever be legal in Germany?
Purchasing and using Hemp oil / CBD in Germany is currently legal. You can get it online or in health food shops. Germany became one of the first countries in Europe to legalise the cultivation of hemp allowing the sale and consumption of hemp derivatives like CBD oil and extracts. The law states that only completely processed cannabis products must be made available to the end consumer.
In countries like the USA, CBD oil and other CBD derivatives are used for recreation and also in cooking.
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The only exemption to this rule is hemp-derived products.
If the products otherwise comply with US law, there is nothing under US customs laws that would prohibit importing them into the United States. In particular, CBP has confirmed publicly that hemp seeds can be imported into the United States. As with any other types of products, anything imported into the United States must be “classified” in the Harmonized Tariff Schedule of the United States (“HTSUS”). Based on the HTSUS code, and the customs value and the country of origin of the good, the appropriate duties, if any, need to be paid. Importers can self-classify the products or submit an administrative ruling request to CBP prior to importation.
For similar reasons, state and local law enforcement have also stopped hemp crossing state lines, as illustrated by the Big Sky Scientific case in which Idaho troopers seized hemp on its way from Oregon to Colorado. In that case, the hemp was determined to have a THC content at or below .3%, which is legal under federal law, but illegal under Idaho state law. In short, it is clear that imports of CBD products have a greater chance of being stopped by CBP than other products. To avoid unnecessary delays or compliance issues, importers should ensure that CBD imports are accompanied by all required documentation, including phytosanitary certificates, and satisfy all other applicable CBP import documentation requirements, such as the entry summary or entry manifest (as applicable), commercial invoice clearly showing data elements required for customs clearance purposes, and packing list (if applicable).
As in the export context, all parties to an import transaction should be screened against the US restricted parties lists.
Below we summarize some of the key US trade compliance considerations for companies seeking to import or export these products. Because every export from the United States by definition involves an import into another country, there will always be at least one other jurisdiction’s import laws to consider.
How should you ensure compliance?
US trade laws are subject to robust enforcement, frequently resulting in significant fines, reputational damage, and settlement agreements that impose compliance program obligations on companies. It is safe to assume that imports and exports of these products could receive greater scrutiny by the US regulators, at least for the time being while the industry matures. In order to mitigate the risk of violations, companies interested in importing or exporting legal hemp and CBD products should develop and maintain compliance programs designed to ensure compliance with US export controls, sanctions, and customs laws and regulations. This includes procedures for product classification, licensing determinations, and restricted party screening processes.
As the market for hemp derived CBD has exploded, there is increasing interest in international trade in these products and the materials used to make them, including in the United States. For example, a US-based manufacturer of hemp-derived CBD edibles might import the active ingredient for manufacturing and then export the finished product overseas. US-based companies could also be interested in importing or exporting raw materials such as industrial hemp, hemp seeds, or other hemp-derived products.
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.
In response to CBDkaufen.com’s request, BfArM released its statement on the legal status of CBD in Germany:
This derogation shall also apply to preparations of the plants or parts of plants if they comply with the above conditions.
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.”
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.
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.
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.