The Fight Over CBD Oil Continues in Germany

The Fight Over CBD Oil Continues in Germany
High Times

If anyone thought that the road to cannabis reform was going to be easy, a decision last week in Cologne, Germany has just confirmed the fact that this is going to be a prolonged battle, fought all the way with regressive skirmishes and undoubtedly, setbacks. Here is the latest example. Shockingly, the Administrative Court in Cologne has just ruled that the legal classification of CBD drops (i.e. good old CBD extract) are medical products. As such, they must be approved by the Federal Institute for Drugs and Medical Devices (BfArM)—Germany’s version of the American Food and Drug Administration (or FDA). The court’s logic on this ruling is that the nutritional value of CBD is still an unknown. Further as outlined in the legal decision, the plaintiff company could not prove that there were comparable products on the market or that CBD might be used as a part of a diet rather than medical regime. The plaintiff’s suggestion that hemp tea might serve as one example was dismissed as the court maintained that cannabis tea is subject to narcotics law—thanks to the indecisive ruling on this in 2021. The timing of this case, not to mention the finding of the court is also telling. It could potentially throw the entire German CBD business back to the dark ages—even though this is just a state-level, not a federal ruling. Walk into every health food store, not to mention the growing number of CBD specialty shops in Germany, and it is possible to find CBD oil, of various concentrations, on the shelves. According to Kai-Friedrich Niermann, a leading cannabis attorney in Germany, “The ruling of the Cologne Administrative Court poses a significant risk to the CBD market in Germany if further authorities and courts refer to BfArM and the ruling.” The case, which…

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