The German Cannabis Business Association newsletter writes
Legal uncertainty regarding cannabis cuttings: First decision causes discussion
2025-01-06 | The Landshut Regional Court has dismissed an appeal against the confiscation of 56 cannabis plants at a festival and declared that the sale of cuttings is illegal. The court thus contradicts the view of many lawyers who interpret the trade in cuttings as legal. It argues that cuttings are only considered as such until they are planted and refers to the explanatory memorandum to the law, although the text of the Consumer Cannabis Act does not explicitly regulate this, Süddeutsche reports.
The case shows how unclear the law is, especially when it comes to the distinction between cuttings and plants. The defendants’ lawyer, Kai Niermann, considers the court’s reasoning to be flawed and points out that cuttings are defined in the law as “young plants or shoot parts”, regardless of THC content or planting status.
A clarification by the highest court could follow if the case goes before the Federal Supreme Court. However, the Federal Council is calling for legislative improvements to clarify the definitions and increase legal certainty. Until then, the uncertainty for traders and consumers will remain.
