Depending on the specific type of product (medicinal product, medical device, food/food supplement, cosmetics, animal feed, vaping products, etc), there are different challenges in placing the products on the market in a legally secure manner.
There are several challenges that market participants in the cannabis sector face and have to consider when establishing their business models.
When advertising the cosmetic product, Regulation (EC) 1223/2009 and (EC) No 655/2013 and the related guidelines must also be observed. According to these, advertising claims for cosmetic products should particularly be truthful, substantiable and fair. Unlike health claims, there is no exhaustive list of permissible cosmetic claims. If the advertising claim refers to the recognition, elimination or alleviation of diseases, ailments or pathological complaints, a prohibition of misleading advertising also applies according to Section 3 of the German Drug Advertising Act (Heilmittelwerbegesetz, HWG).
For all CBD products, a case-by-case assessment is decisive
3.2 Use of Non-controlled Cannabinoids in Food
German Federal Office for Agriculture and Food (BLE)
Currently, food and food supplements containing CBD are generally not marketable in Germany as food and food supplements containing CBD are classified as “novel food” by German authorities and courts, according to Regulation (EU) 2015/2282 and are therefore only marketable in cases where they are authorised by the European Commission.
Cosmetics containing CBD must also comply with the above-stated requirements of the German Narcotics Law. Provided the cosmetic product cannot easily be ingested, German authorities generally agree that cosmetics that contain less than 0.2% THC are “harmless” products, that cannot be misused for intoxicating purposes. A case-by-case assessment is necessary.
1.4 Key Challenges
Besides the general rules of the BtMG, for so-called “lifestyle products” (often containing CBD), a distinction must be made between different categories such as:
The only cannabinoid included separately in the BtMG is tetrahydrocannabinol (THC), which is listed several times in Annex I and once in Annex II, depending on its exact composition. On the other hand, pure cannabidiol (CBD) is currently not included in the BtMG.
The rules on CBD hemp flowers are more specific, and authorities prohibit their sale over the counter because they’re unprocessed. Hemp flowers abundant in THC are only sold for scientific purposes or commercial use..07 – Let’s start with a quick overview of buying CBD in Germany..17
Best CBD Oils in Germany
In the 17th and 18th centuries, thanks to hemp fibers’ strength and moisture-resistant properties, the plant became an essential crop in Germany.
What is the Difference Between Hemp and Marijuana?
In the 19th century, Germany introduced new materials such as sisal and jute and started importing hemp from Russia to avoid labor costs. During the World Wars, Germany’s access to cotton, jute, and sisal was blocked, and the country needed to reintroduce hemp farming — but lacked available farmland.