CBD flowers: Is it legal to buy them?

The discussion about legalizing marijuana has been dragging on for a long time in Germany. At the same time, there is a substitute preparation that is also being discussed but does not fall under the Narcotics Act. This is because no intoxicating effect is achieved or produced by the consumption of CBD.

The current legal situation

From a legal point of view, cannabis extracts can only be released for sale if the extracts are obtained exclusively from useful hemp and do not exceed a THC guideline value of a maximum of 0.2 percent. The hemp plant used must also be listed in the EU catalog of varieties of commercial hemp, otherwise the sale would be illegal.

In addition, the factor abuse in consumption must be excluded according to the law when selling, only this is almost not verifiable. Because although the intention of CBD consumption should not be a state of intoxication, this can be achieved by a significantly excessive dose, however.

The consumption itself is legal according to the law in any case. When it comes to purchasing, however, this looks a bit more difficult, because at this point in time, each federal state decides for itself whether the purchase of CBD substrates is allowed or prohibited. Despite everything, you can now buy CBD flowers in many kiosks or small street stores.

The dealers who distribute CBD have long been interested in a uniform regulation, but like the legalization of marijuana, the majority in the responsible ministry disagrees.

Meanwhile, CBD flowers have also received more and more attention from the police, as they look extremely like dried marijuana flowers. A uniform legal situation would be desirable, as both dealers and buyers could finally feel safe.

The European Court of Justice decides

By the latest determination of the ECJ is the marketing of CBD products produced in countries where it is allowed by law, other countries where it is to be sold may not prohibit the distribution. This is to prevent the different production processes and the plant ingredient used from leading to a sales ban in another country.

The regulation became necessary due to the current case law in France, where traders were to be prosecuted for selling Czech products in their stores. It was only after the retailers appealed that the case ended up before the European Court of Justice.

Effects of the ruling

Due to the decision of the ECJ, the current situation for dealers and customers is positive, as there are no legal worries to consider. The basis of the decision was made because "it does not appear that psychotropic effects or harmful effects [on the body]" are to be expected from the consumption of CBD. This ruling means that - from the EU's perspective - CBD embodies neither a drug nor a narcotic. For this reason, the strict narcotics law may not be applied to CBD. Another effect of the ruling at the EU level is that it renders national rulings invalid. CBD is to be allowed to be traded as a foodstuff from now on, which means that the jurisdiction and legal situation for foodstuffs will be applied for CBD.

The free trade of CBD is thus feasible in Europe without legal concerns.

Buying CBD therefore legal to handle?

In principle, this question can be answered with yes, but there are some criteria to be met. Because the product you want to buy must have been produced under strict regulations. For example, CBD may only be obtained from commercial hemp plants or a cannabis variety with a THC content of less than 0.2 percent. Only then is both trade and purchase legal. The purchase of pure CBD flowers can be declared as completely legal without any concerns.

However, one criterion that still needs to be met is that there must be no intoxication purpose of the buyer whatsoever, and the purchase of CBD flowers must be for economic benefit only. However, this regulation is so vague that it would be almost impossible to implement, let alone control. Therefore, at the current time, the states each decide on the legality of CBD buying and selling in their respective territories.

Basically, CBD flowers are very easily available on the internet, for example from reputable online retailers like Frankys Farm.