First warnings about novel synthetic cannabinoids: Industry association warns against sale
Berlin, 08/01/2024: The „Fifth Ordinance Amending the Annex to the New Psychoactive Substances Act“ (NpSG) came into force on June 27, 2024, making it illegal to place HHC, THCP and certain other synthetic and semi-synthetic cannabinoids on the market.
Some manufacturers have responded by launching new and unexplored psychoactive substances on the market (e.g. 8-OH-HHC; 10-OH-HHC; THCJD, HHCH, HHCO, THCPO, Tresconol), which are not covered by the NpSG. These are offered in particular as liquids for electronic cigarettes or sprayed onto industrial hemp flowers.
The sale of synthetic cannabinoids is also associated with considerable liability risks and criminal law risks for retailers, irrespective of regulation by the NpSG, which are defined in particular in the Product Safety Act, the Tobacco Products Act and the Criminal Code. The German E-Cigarette Trade Association (VdeH) already issued a public warning against the sale of these products last week. The first warnings have now been sent to retailers by the VdeH. If the warned retailers do not stop selling, legal action will follow. This affects not only the manufacturers, but every reseller of these products.
Based on the preliminary data available, the German Cannabis Business Association (BvCW) also expressly warns companies and traders against selling these products. As these are new, largely unresearched chemical compounds, the health risks for consumers cannot be assessed at present. In 2019 alone, 60 people died in the USA in connection with unresearched liquids containing cannabinoids (source).
The BvCW found in the course of a random sample audit that none of the products tested fulfilled the obligation to submit toxicological data on electronic cigarettes and liquids to the European Commission’s online portal, the EU-CEG (EU Common Entry Gate). The products are also usually not registered with the Poison Control Center and the labels are not legally compliant. Such violations can be punished not only by the authorities, but also under competition law (e.g. in the form of competition law warnings).
Oliver Pohland, Managing Director of the German E-Cigarette Trade Association (VdeH), explains: „The VdeH agrees with this warning and points out that the consumption of e-cigarettes and products with novel synthetic cannabinoids is most likely associated with considerable health risks for consumers. These products are not legally compliant, even if manufacturers often point to their supposed legality. The sale of such products clearly contradicts our principles and those of our members. As an association, we therefore expressly distance ourselves from the sale of these products and are of the opinion that trading in these and similar products is not compatible with membership of our association.“
Jürgen Neumeyer, Managing Director of the BvCW, makes it clear: „There is neither a data basis for general toxicity nor for „dosages“. Effects can occur with a significant time delay, last for several days and have an unpredictable impact on mental health. Consumers are unwittingly becoming guinea pigs for currently unknown health risks. This new wave of „legal highs“, which are mainly sold in kiosks and late-night bars, must be curbed as quickly as possible in order to protect children and young people in particular. There is a high risk of confusion with conventional e-cigarettes. We urge all retailers and wholesalers to stop selling these products. If recreational cannabis were available in specialist stores, nobody would buy these „substitute products“. We therefore finally need legal, practicable and controlled distribution channels for recreational cannabis in order to meet the existing demand. The next step would be the „Pillar 2″ announced by Federal Health Minister Karl Lauterbach and Agriculture Minister Cem Özdemir for the regulated sale of recreational cannabis as part of pilot projects.“
The BvCW is now writing to retailers and wholesalers about this. The current sample letter can be found here.