Do the CBD strains 20 still contain THC
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With the law amending narcotics law and other regulations, which came into force on March 10, 2017, the legislature changed the position of cannabis in Annexes I to III to Section 1 (1) of the Narcotics Act (BtMG). Since then, the BtMG has differentiated between cannabis in Annex III (use for medical purposes) and cannabis in Annex I (generally cannabis that is not marketable and cannabis that cannot be prescribed). Annex I provides for exemptions for industrial hemp (see letters b and d under the item cannabis).
Cannabidiol (CBD, one of the main cannabinoids of the cannabis plant) is currently not subject to the BtMG as a pure substance. For products containing CBD that are manufactured on the basis of cannabis extracts, however, the following narcotics regulations apply.
According to letter b under the item cannabis in Annex I to Section 1 (1) BtMG, plants and parts of plants belonging to the cannabis genus are exempt from the narcotics regulations if they are grown in countries of the European Union with certified seeds (industrial hemp) originate or their Δ-9-tetrahydrocannabinol (THC) content does not exceed 0.2% and their dealings with them (with the exception of cultivation) are exclusively for commercial or scientific purposes that exclude abuse for intoxication purposes.
This exemption from the BtMG also applies to preparations made from plants and parts of plants if they meet the aforementioned conditions.
Since this exception is limited to commercial or scientific purposes, unprocessed or processed plant parts (e.g. dried and crushed plant material) may not be given to the end user. However, this does not affect preparations with processed industrial hemp of the aforementioned varieties, even if they still contain low THC residues from the plant parts. However, it is a prerequisite for the sale to the end consumer that abuse for intoxication purposes can be ruled out. The limit values of the Federal Institute for Risk Assessment (BfR) can be invoked if the product is intended to be taken orally:
BgVV recommends guideline values for THC (tetrahydrocannabinol) in foods containing hemp
This results in the following for the following products (named as examples):
- Products such as tea, tobacco substitutes or scented pillows made from merely dried and shredded hemp plants may not be sold to end consumers or imported into Germany by private individuals from a narcotic law perspective, as abuse for intoxication purposes cannot be ruled out here.
- From a narcotic law perspective, cannabis extracts may only be sold to end consumers or imported into Germany by private individuals if the extracts have been obtained exclusively from industrial hemp (THC content ≤0.2% or EU variety) and the end products meet the above-mentioned THC guide values of the Comply with BfR.
- In the case of products such as cosmetics with processed industrial hemp that are not ingested orally, the distributors or manufacturers of these products must prove that abuse for intoxication purposes can be ruled out. Otherwise, these products may not be sold to the end user or imported by private individuals.
- According to letter a under the item cannabis in Annex I to Section 1 (1) of the BtMG, cannabis seeds are excluded from the narcotics regulations, unless they are intended for unauthorized cultivation. Thus, products that are made exclusively from cannabis seeds are not subject to the narcotics regulations.
Note: The above exception rule applies only to products without a medical purpose. Products made from cannabis (THC content ≤ 0.2%) that are intended for medical purposes cannot be designated as industrial hemp products (in accordance with the exemption in Appendix I). They are subject to the BtMG and, from the point of view of narcotics law, are only marketable and prescribable if the requirements specified in Annex III to Section 1 (1) BtMG for the item cannabis are met ("only from a cultivation that is under state control for medical purposes Articles 23 and 28 paragraph 1 of the 1961 Single Convention on Narcotic Drugs ").
For the assessment of the marketability of products from a pharmaceutical and / or food law perspective, we refer to the responsible state authorities.
The Federal Office for Consumer Protection and Food Safety (BVL) also publishes information on the marketability of cannabis and cannabis ingredients and products
FAQ: Hemp, THC, Cannabidiol (CBD) & Co.
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