Berlin, 2021-06-25: A motion titled “Fully Unlock the Potential of Industrial Hemp Cultivation”, introduced by The Left Party and The Greens, aimed at eliminating excessive bureaucracy, leveling the playing field for domestic farmers, ending unnecessary criminal prosecution, and promoting research into this sustainable crop. However, the motion was rejected during the last regular session week of the German Bundestag before the federal election. The rejection came from CDU/CSU, SPD, and AfD, while the FDP abstained.

Notably, despite the vote, all parties – except the AfD, which did not participate in the debate – expressed support for reform and signaled interest in improving the legal framework after the election.

During prior committee consultations, experts from various fields unanimously supported legislative reform, particularly calling for raising the THC limit for industrial hemp from 0.2% to 0.6%, as already practiced in Italy. They also refuted the Union Party’s (CDU/CSU) key argument that a higher THC limit would increase the risk of misuse. In Switzerland, even a 1.0% THC threshold has not led to misuse issues. A 1.0% THC limit is also the official recommendation of the German Cannabis Business Association (BvCW) (see ELEMENTE, Volume 12).

“The disproportionately low THC limit puts German farmers at a major competitive disadvantage. Even the slightest overage leads to the destruction of entire harvests – this is completely irrational, especially given there are no documented cases of abuse,” said Marijn Roersch van der Hoogte, Vice President and Coordinator for Industrial Hemp & Food at the BvCW.

The SPD parliamentary group argued that industrial hemp was no longer an issue under the German Narcotics Act (BtMG) as long as the legal THC threshold was met. However, the Federal Court of Justice (BGH) ruled on 03/24/2021 (case ref: 6 StR 240/20) that such products still fall under the definition of “narcotics” within the BtMG, regardless of the THC content.

“Across Germany, businesses in the cannabis sector are subject to damaging criminal investigations and enforcement actions despite the fact that intoxication from these products is virtually impossible,” emphasized BvCW Managing Director Jürgen Neumeyer. “It’s high time for industrial hemp to be fully rehabilitated and removed from the Narcotics Act.” The BvCW is now pushing for early reform after the upcoming federal election.

Committee Report and Recommendation by the Committee on Food and Agriculture: Click here