Hemp Production to Be Liberalized Under New German Law

Germany is undertaking a significant regulatory reform with the Industrial Hemp Liberalization Act (Nutzhanfliberalisierungsgesetz – NLG), a legislative proposal aimed at clarifying and removing barriers within the hemp industry.

The German Federal Ministry of Food and Agriculture has released the draft legislation, which is currently undergoing an interministerial consultation. This process will involve feedback from various ministries and government agencies. Once the consultation is completed, the draft will be revised and must then be approved by both chambers of Parliament and signed by the President to become law.

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Clear Distinction Between Industrial Hemp and Intoxicating Substances

One of the primary objectives of the draft law is to establish a clear distinction between industrial hemp and intoxicating substances. Historically, the industry has struggled with a clause in German law that suggested the possibility of intoxication from consuming large amounts of industrial hemp. This “intoxication clause” has been a major obstacle, leading to bans, CBD store raids, and criminal prosecutions related to hemp-based foods and CBD products.

Marijn Roersch van der Hoogte, Vice President and head of the “Industrial Hemp” department at the German Cannabis Business Association, stated, “This bill is a final step to clearly remove hemp from criminal law. This is crucial as it will open the door to more significant investments,” according to HempToday.

By removing this clause, the new law aims to provide a stable foundation for producers, ensuring that hemp is no longer linked to criminal law. This measure is expected to stimulate investment and align Germany’s hemp food sector with other international markets.

Ban on Intoxicating Edibles

While the law seeks to promote industrial hemp, it also takes a firm stance on banning intoxicating hemp-based edibles. These products, which often contain synthetic compounds derived from CBD, have appeared in various markets worldwide. The draft law explicitly prohibits these compounds, reinforcing that industrial hemp should not be associated with intoxicating effects. Products containing natural THC will remain legal under Germany’s cannabis legalization but, as we understand it, cannot be marketed through “traditional” channels.

The draft law also addresses CBD products, a topic of significant controversy. It stipulates that CBD products can be legally marketed if they adhere to the 0.3% THC threshold and comply with new food regulations, even though these regulations do not yet exist.

Expansion of Hemp Cultivation Opportunities

Another notable aspect of the draft law is its emphasis on promoting hemp cultivation. The law acknowledges that despite European Union agricultural subsidies, the area dedicated to hemp cultivation in Germany has not increased as expected.

To address this, the law proposes expanding cultivation opportunities and easing requirements related to handling industrial hemp. It opens hemp cultivation to a broader range of operators, including those in forestry, horticulture, aquaculture, and beekeeping. Additionally, it encourages greenhouse cultivation, highlighting its benefits for controlling active ingredient content and expanding opportunities in rural areas.

To underscore the progressive stance of the draft law, individuals will be allowed to cultivate up to three plants and possess up to 50 grams of hemp flowers at home. This provision aims to further demystify industrial hemp and integrate it into daily life. In France, individuals are not permitted to grow hemp.

The draft law introduces a rule permitting an increase in THC levels up to a maximum of 1% during the production of certain products, such as tea and CBD, provided that the final product does not exceed the 0.3% THC limit. However, the draft remains vague on whether partially processed material exceeding the 0.3% THC threshold can be sold.

The draft law also emphasizes the environmental benefits of hemp cultivation, in line with Germany’s sustainable development strategy. It highlights hemp’s ability to improve soil by enriching it with nitrogen from the air and providing habitat for insects. The law notes that industrial hemp offers various sustainability benefits, including climate change mitigation and biodiversity enhancement.

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(Featured image by Roberto Valdivia via Unsplash)

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First published in Newsweed, a third-party contributor translated and adapted the article from the original. In case of discrepancy, the original will prevail.

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