Sale of Hemp Flowers and Leaves

A German Federal Supreme Court Says…SALE OF HEMP FLOWERS AND LEAVES IS LEGAL…except for Intoxicating Purposes.

In its ruling of 24 March 2021, the German Federal Court of Justice (BGH) stated that the sale of hemp flowers and leaves to end consumers is not prohibited. The ruling strengthens the legal position for the sale of industrial hemp products in Germany.

The difference between Marijuana and Hemp is based on an arbitrary figure of THC level, which can vary from country to country. In New Zealand it’s 0.34% in Australia it’s a more realistic 1%.

“If you look at the UN Single Convention on Narcotics (the underpinning document for most drug regulations around the world), you’ll see that in the New Zealand legislation when it describes hemp, it lists the parts available to hemp growers as (Seed and Stalk). This list was meant as an example, not an exhaustive list. As not much was known about the other valuable parts of the hemp plant, at that time.“

It seems irrational, given the thousands of years of use in history, and the current use in other jurisdictions around the world, that root, leaf and flower are withheld from the food industry.

“The ruling of the BGH (Germany’s highest court of civil and criminal jurisdiction) is in line with the judgment of the ECJ of November 2020. Both rulings clearly determine that industrial hemp and parts of the industrial hemp plant are per se…”. “Not narcotic and thus not subject to the Single Convention or national narcotics laws.”

This is not only a legal paradigm shift for Germany in the assessment of industrial hemp and the BtMG (German narcotic law), but it leads the way for a correct scientific approach regarding THC”, says Mr. Daniel Kruse, EIHA President.

“Low-THC industrial hemp is no longer to be criminalized. It is clear now that it is rather the actual intake of the psychoactive substance THC that matters.

The ruling of the German Federal Supreme Court is hence a landmark decision for the successful development of the
hemp industry in Europe.

Why is it so difficult for Kiwis to have access to nutritional Whole Plant Hemp Food, as is normal in other countries? The most important focus should be to remove Hemp from The Misuse of Drugs Act (MoDA). Allowing full access to all parts of the plant. Allowing Kiwi growers and farmers to realise the full economic potential of the plant.

Written by NZHIA Executive Member Andrew Bell for iHemp Magazine issue #16.