We wanted to know from the Federal Institute for Drugs and Medical Devices (BfArM) “whether CBD could be bought legally in Germany”,
The Federal Institute for Drugs and Medical Devices (BfArM) is an independent higher federal authority within the scope of business of the Federal Ministry of Health. It is responsible for approval, improvement of the safety of medicinal products, risk identification and evaluation of medical devices and the monitoring of narcotic and basic substances.
This is the opinion of bfarm.de on the legality of CBD oil in Germany:
With the Act on Amendments to narcotics legislation and other acts, which came into force on 10 March 2017, the legislators have changed the position of cannabis in Appendices I to III to § 1 para. 1 Narcotics Act (BtMG).
The narcotics law has since differentiated between cannabis under Appendix III (medical use) and cannabis under Appendix I (non-medical use). Appendix I also provides for exemptions for industrial hemp (see points (b) and (d) under the position of cannabis).
According to point b under the item Cannabis in Appendix I to § 1 (1) BtMG, plants and parts of plants belonging to the genus cannabis are excluded from the provisions of the narcotics legislation if they come from cultivation in European Union countries with certified seeds (hemp) or do not exceed a THC content of 0.2% and related activity (except cultivation) is solely for commercial or scientific purposes, which excludes abuse for intoxication purposes.
This exemption also applies to preparations derived from plants and parts of plants, provided that they fulfil the conditions set out above.
As the permit-free circulation is restricted to commercial or scientific purposes, unprocessed or processed (for example, only dried and shredded) parts of plants must not be delivered to the final consumer.
This does not apply to preparations containing processed hemp of the aforementioned varieties, even if small amounts of residual THC originating from the parts of the plant are still present.
However, a condition for the supply to the final consumer is that abuse for intoxication purposes can be excluded. The BfR limit values may be invoked if oral intake of the product is intended:
The cannabis extracts you request (CBD oil/CBD isolate, editor’s note) may – from a narcotics legislation standpoint – only be handed over to the final consumer if the extracts are exclusively extracted from hemp (< 0.2% THC or EU variety) and the end products contain the aforementioned BfR THC reference values.
Please note that the aforementioned exemption only applies to products without medical purpose.
Products from cannabis or industrial hemp which are intended for medical purposes are, from a narcotics legislation standpoint, only transportable and prescriptive if the conditions of Appendix III to § 1 para. 1 BtMG are fulfilled (“only from an arable crop grown for medicinal purposes under State control in accordance with Articles 23 and 28 (1) of the 1961 Single Convention on Narcotic Drugs“).