Berlin, 2025-03-19: In a new position paper, the German Cannabis Business Association (BvCW) calls for a clear and appropriate classification of cannabis cuttings, taking into account the relevant legal and technical principles. 

The Consumer Cannabis Act (KCanG) makes an explicit distinction between cannabis and propagation material, which also includes cuttings. Nevertheless, there is currently considerable uncertainty as to when a plant is considered cannabis and no longer a cutting. The different interpretations of the law by investigating authorities and recent developments in case law are particularly problematic. In isolated official proceedings, for example, young plants planted in small cultivation pots have already been classified as cannabis, even though cultivation has not yet begun at this stage.

Dr. Ferdinand Weis, board member of the BvCW, explains: “In practice, some authorities interpret the concept of cuttings far too narrowly and the definition of cannabis far too broadly. As a result, even small plants in rockwool blocks or growing trays are sometimes wrongly classified as cannabis, as these are supposed to be “planted seedlings”. It is questionable under which conditions a cutting should still be considered to exist. However, the legislator certainly did not intend such a restrictive approach and it cannot be reconciled with the general linguistic understanding of the term “cutting”.”

According to the BvCW, a cutting must remain recognized as such regardless of the growing medium. “There needs to be a clear definition of the term ‚cutting‘. This must be based on scientific and botanical practice,” emphasizes Dirk Heitepriem, President of the BvCW.

The BvCW appeals to the authorities and politicians to create clarity and interpret the term “cuttings” appropriately. The full position paper is available here.

Contact for queries:

Dr. Ferdinand Weis: dr.weis@kanzlei-engelhard.de
Prof. Dr. Simone Graeff-Hönninger: graeff@uni-hohenheim.de
Dr. Judit Pfenning: pfenning@uni-hohenheim.de