German Cannabis Business Assoc
The Regional Court of Freiburg has acquitted the founders of the company “Green Brothers” of charges related to cannabis trafficking. As reported by Dr. Ferdinand Weis (attorney and board member of the German Cannabis Business Association, BvCW) on LinkedIn, the case concerned the seizure of approximately 170 kilograms of industrial hemp flowers by customs authorities. The shipment reportedly contained less than 0.3% THC and was being transported from Switzerland through Germany to Luxembourg.
The criminal chamber in Freiburg reportedly justified the acquittal on the grounds that the goods did not legally constitute cannabis. Since the partial legalization of cannabis, it had become virtually impossible for consumers to purchase industrial hemp for intoxicating purposes (the so-called “intoxication clause”). The court therefore explicitly departed from the restrictive case law of the Federal Court of Justice (BGH) established before the legislative reform, describing that approach as the “wrong path.” The written grounds for the judgment have not yet been published, and the ruling is not yet final, as the public prosecutor’s office may still file an appeal.
