Hanf
The existence of numerous hemp shops in Austria has been hanging in the air for months. After CBD blooms – the main product of this industry – were banned, the entire industry is on the verge of extinction. Most recently, it was hoped that the sale could be resumed through a legal opinion from the lawyer Prof. Heinz Mayer. This found incompatibility with EU law.
At the same time, however, the Ministry of Finance pointed out in a press release that sales in CBD shops are still illegal because they are a violation of the Tobacco Monopoly Act. Now there seems to be a foreseeable point in time from which sales of CBD flowers in tobacconists should begin. The shops, on the other hand, continue to fight for survival.
Sales in tobacconists expected from July
Despite the report by Prof. Heinz Mayer, the sale of CBD Flowers not resumed to date. The legal uncertainty was too great. The Ministry of Finance pointed out that although the report is under review, it is unlikely to be able to lift a sales ban. A new result of this test is still not available today. In fact, there has been no possibility of buying CBD flowers in Austria for months now because shops were not allowed to sell and tobacconists did not yet have any goods in their range.
Now there seems to be a foreseeable period from which CBD flowers can be sold in tobacconists. It is assumed that CBD flowers will be in the range in the first tobacconists from July at the latest. One point of contention at the moment is liability for the THC content. In Austria, cannabis up to a THC content of 0.3% is not subject to the Narcotic Drugs Act. The question of who is liable if this limit is exceeded due to natural fluctuations is currently controversial. Tobacco wholesalers are only allowed to buy from certified wholesalers, who in turn undertake to carry out inspections at certified laboratories. The THC content of 0.3% itself is also currently the subject of discussion. In many countries this limit is significantly higherwhat needs to be taken into account when importing and can lead to legal problems.
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