THC content and EU-certified industrial hemp
(February 2025)
For a CBD product to be legal in Germany, the THC content must not exceed 0.2%. This limit applies to all CBD products, including oils, creams, and dietary supplements. Furthermore, the products must be made from certified EU industrial hemp.
This industrial hemp is subject to strict regulations and controls to ensure that the products do not produce intoxicating effects.
In Germany, CBD is not subject to the Narcotics Act (BtMG) because it has no psychoactive effects. However, there are clear legal regulations governing the trade and consumption of CBD products.
Processed CBD products
Processed CBD products such as oils, capsules, cosmetics, or creams are considered legal as long as the above conditions are met. These products can be purchased and consumed without concern.
A certificate of analysis is often included, confirming compliance with legal requirements.
Consumers should ensure that they only purchase from reputable suppliers to avoid products of inferior quality or with unacceptable THC levels.
CBD flowers and the legal grey area
CBD flowers, i.e. unprocessed hemp flowers with low THC content, are a more complicated issue.
Although they theoretically also fall under the 0.2% regulation, their sale and consumption are viewed with skepticism in Germany. The reason is that it cannot be completely ruled out that the flowers could be misused for intoxication purposes, for example, through the extraction of THC.
In practice, CBD flowers therefore exist in a legal gray area. While some providers sell them under certain conditions, buyers and dealers could face criminal prosecution.
The legal uncertainty is leading experts to call for clear regulation to eliminate this gray area. Those who want to be on the safe side should opt for processed CBD products.
Cannabis: Legalization and new developments
While CBD is largely legal, there has been a significant development regarding THC-containing cannabis: Since April 1, 2025, the possession of up to 50 grams of cannabis has been legal for adults in Germany. This marks a historic step in German drug policy.
Cannabis cultivation associations and licensed cannabis
The legalization of cannabis includes the possibility of becoming a member of so-called cannabis cultivation associations (also called social clubs).
These clubs are permitted to cultivate and distribute cannabis for their members' personal use. However, membership is regulated, and the clubs are not permitted to operate commercial sales models.
In addition, efforts are underway to introduce regulated sales of cannabis in licensed stores, similar to countries such as Canada and the Netherlands.
Strict regulations should apply to ensure the protection of minors and reduce black market activities.
Political and social discussions
The legalization of cannabis remains a controversial issue. While proponents point to the potential for reducing the burden on the justice system, raising tax revenue, and promoting public health, critics warn of potential health and social consequences. It is uncertain whether the current policy will last, as some political parties are challenging legalization.
Conclusion: Legal certainty regarding CBD and cannabis
For consumers, the legal situation regarding CBD products is relatively clear: Processed products such as oils, creams, or capsules are legal as long as they comply with the THC limit of 0.2% and come from certified EU industrial hemp.
The legalization of cannabis in Germany has brought the issue into further focus. While possession and cultivation have been legalized under certain conditions, sales outside of licensed models remain prohibited.
To be on the safe side, depending on your location, it is recommended to purchase processed CBD products from trustworthy suppliers.
At the same time, it remains exciting to see how the legal and political framework will develop in the future.
Anyone interested in CBD and cannabis should follow developments closely.
