The Administrative Court of Cologne has banned the commercial trade of young cannabis plants in solid and hydroponic systems, according to a report by the law firm Ewenike. According to the court, a plant is legally classified as cannabis as soon as it is placed in a medium in such a way that its survival and transportability are ensured. Commercial trade in such plants was not intended by the legislator. In legal specialist criticism, the decision is criticized as dogmatically flawed judicial policy. Since the KCanG does not ban commercial cutting trade at all, the court was arbitrarily constructing a ban through the back door here. The argument was based on factually incorrect assumptions about transportability and impermissibly extends club-internal special rules, which undermines constitutional principles.
German Cannabis Business Association
