The German Cannabis Business Assoc write
Federal Court Expands Definition of Dealing with Cannabis
2025-11-25 | On October 15, 2025, the Federal Court of Justice (BGH) issued a ruling abandoning the previously widely recognized limiting function of the cultivation offense in relation to dealing under the new Cannabis Consumption Act (KCanG).
Legal expert Sebastian Sobota commented on LinkedIn that the decision was unsurprising but represents an extension of completed dealing to the otherwise non-punishable preparatory stage.
According to the BGH, merely possessing “cannabis seedlings” fulfills the offense of completed cannabis dealing if there is intent to profitably sell the eventual yield from an established plantation.
The court argued that planted young plants (“seedlings”) should be considered cannabis and are distinct from “cuttings” excluded from the cannabis definition.
Sobota criticized this distinction as doctrinally flawed, undermining the statutory separation of propagation material. The decision cements a legal interpretation that extends the broad concept of dealing beyond previous Narcotics Act practice.
The court has also indicated that dealing could be assumed even if the plantation is not yet established.
