German Court Ruling Now Allows Hemp in Food

To be clear, the recent court decision is not specifically related to hemp in food, but by clearing hemp tea sellers of trafficking charges, the German court ruling opened a door to allow hemp products in food.

The world of cannabis just got bigger as a German court ruling opened the door for hemp to be used in food. This is as exciting as the advent of delta-8 THC products, and the ability to get the same kind of benefits as standard THC, while experiencing less psychoactive effects, and less anxiety. We can even help you get started if you’re a beginner with this new THC. Check out our awesome delta-8 THC deals, and join in on the excitement!

Germany and cannabis

Before getting into how a German court ruling on drug trafficking could allow hemp in food, let’s take a look at how cannabis is governed in Germany. According to Germany’s Federal Narcotics Act, cannabis possession is illegal and offenders can face up to five years in prison. Use crimes are not specifically mentioned in the Act, and therefore, offenders are usually sent to some kind of program instead of prison, at least for small amounts. In Germany, the term ‘small amount’ is judged not by the quantity held, but the quantity of THC within the product. And different regions of Germany use different amounts to denote this ‘small amount’. Generally speaking, it means in the neighborhood of 6-15 grams.

Cultivation, sale, and supply crimes are all illegal. Most of these crimes can earn an offender up to five years in prison, although supply crimes can go up to 15 years, depending on the specifics of the case. Supplying to minors, using weapons, and/or having very large quantities are some of the extenuating factors that can lead to higher prison sentences.

Germany does have legal medical cannabis. This started in 1983 with nabilone – a synthetic derivative of THC. In 1998, the pharmaceutical THC medication dronabinol was also approved. However, it wasn’t until 2017 that the country instituted a real medical cannabis program, opening the door for more disorders to receive treatment with cannabis medications. Since 1996, Germany has also allowed the legal cultivation of industrial hemp.

German ruling hemp food

In 2019, Germany passed a law to institute a regulated system for the export of medical cannabis products. In that same year, Germany was both the biggest importer AND exporter of cannabis oils in the EU. Obviously, there’s a disconnect here, as Germany is putting precedence on its export market, rather than supplying itself first.

In 2019, Germany paid out approximately $240.9 million for cannabis oil imports, making up 7.8% of the market that year. It was second only to the US. That year it also exported $229.8 million, making it the 4th biggest global exporter of cannabis oil, and the biggest out of the EU, accounting for 8% of the global market.

What is this hemp tea case?

The German hemp tea case involves Marcel Kaine and Bardia Hatefi, operators of the store Hanfbar, in Braunschweig, Germany. Hanfbar was a retail store that was selling hemp tea. It was announced in 2020 that prosecutors in the case were seeking jail time of three years, and 2.5 years respectively, according to the newspaper Braunschweiger Zeitung. Hanfbar had been selling CBD oil, as well as hemp food and drink products since 2017.

The meat of the case is in the idea that hemp tea is technically banned under the German Federal Narcotics Act. The reason for this, is that the law states that hemp products can’t be used for the purpose of intoxication. Ingestible products are generally regulated by (BfArM) the German Federal Institute for Drugs and Medical Devices, which follows rules set by (BfR) Germany’s Federal Institute for Risk Assessment. BfR is a part of the Ministry for Food and Agriculture which offers scientific advice for food consumption regulation. The Ministry of Food and Agriculture set the following guidelines about THC use in ingestible products:

  • Beverages can have up to 5 micrograms per kilogram of beverage
  • Oils can have up to 5,000 micrograms per kilogram
  • Food products can have up to 150 micrograms per kilogram

The defendants in the case argued that the charges were unjust, and that similar products were already widely available. Hanfbar is actually a vegan café, and the products being sold were hardly meant for intoxication. In fact, the view on hemp according to Hanfbar, is that its “the key to a sustainable and conscious lifestyle.”

hemp tea

Prosecutors claimed the defendants showed a “blatant lack of understanding about the illegality of their actions”, and were unable to be worked with given their indifference to previous police raids. The defendants in question were originally charged with drug trafficking…for selling hemp tea, and found guilty! As it turns out, the prosecutors are now eating their words.

German court ruling now allows hemp in food products

On March 26th, 2021, it was reported that (BGH) Germany’s Federal Court of Justice, annulled charges against both Kaine and Hatefi. They did so on the basis that the Narcotics Act does not actually ban the sale of hemp leaves and flowers directly to consumers for consumption. By overturning this case, going against a regional court ruling, and setting this new legal precedent, the high court of Germany just opened the door for hemp to be used in food products throughout Germany.

The Federal Court of Justice didn’t come down on lower courts for an error in judgement, but it did state that regional courts had not fully examined whether the defendants had meant their products to be used for intoxication purposes.

According to Hempro International GmbH, one of Germany’s leading hemp companies, “From now on it is more a matter of the actual intake of the psychoactive substance THC… The supply and possession of unprocessed industrial hemp products to end consumers is therefore not subject to the Narcotics Act as long as deliberate abuse for intoxication purposes is excluded.”

Hempro, for its part, has current legal proceedings of its own regarding cannabis. The company is actively suing the city of Düsseldorf after it banned marketing and sales of CBD products in extract form. It also has a case against the city of Braunschweig since 2019, which contests the city’s use of a stop-sell order that was levied against one of the company’s wholesale buyers. In light of this legal reversal for Kaine and Hatefi, Hempro hopes that its own cases will be resolved soon.

The verdict was also celebrated by (BvCW) Germany’s Cannabis Industry Association, which released the statement: “This means a great relief for the sellers, who have so far been often affected by raids that damage their business.”

EU and cannabis

What next?

It’s possible this verdict will, in fact, influence the cases Hempro has in the works currently. The more substantial outcome, however, is that the highest court in Germany just said that so long as the intention is not to cause intoxication, that hemp leaves and flowers can be used in food and beverage products at will. As most people don’t go to hemp when looking for intoxication, this would include pretty much any edible hemp-based product.

The case also highlights how a ruling in one specific avenue, can have resounding effects throughout an entire industry, and beyond. This is similar to France vs the EU, where the EU’s ruling that France cannot restrict imports of CBD oil into France by other EU countries – that were made in compliance with EU law, made CBD legal throughout all of the EU. In the current case, by Germany trying to put a couple guys out of business, what the country actually ended up doing, was expanding the legal boundaries of the hemp industry to include food and beverage products.


There’s something special about a case like France vs the EU, or the German hemp tea case. Maybe because the intent was so malevolent, that the opposite and stronger outcome feels that much more like a victory. And in both instances, new case law was essentially formed by governments trying to impose unnecessary and unfair restrictions on their people, and losing. So, here’s to Marcel Kaine and Bardia Hatefi, two of today’s current cannabis heroes, who successfully fought to overturn their verdict, and in doing so, elicited a German court ruling that now allows hemp to be used in food.

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Disclaimer: Hi, I’m a researcher and writer. I’m not a medical professional, I have no formal legal education, and I’ve never been to business school. All information in my articles is sourced from other places, which are always referenced, and all opinions stated are mine, and are made clear to be mine. I am not giving anyone advise of any kind, in any capacity. I am more than happy to discuss topics, but should someone have a further question or concern, they should seek guidance from a professional in the relevant field for more information.

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What Are The Benefits Of Drinking Hemp Or Cannabis Tea?

People have been drinking tea for
thousands of years, not only for relaxation, but also to treat numerous
different medical conditions.

Some of the most popular teas that
people drink therapeutically are green tea, mint tea, and cannabis or hemp tea.
With modern science uncovering a slew of health benefits associated with cannabis
and hemp products, it makes sense that using it in tea could prove beneficial
just like many other herbs.

Furthermore, since coronavirus is making the rounds and we’re still at the tail-end of an active flu season, it might be a good idea to start finding ways besides smoking to get your daily dose of cannabinoids. Organic hemp or cannabis tea can be made from all different types of plant cuttings including the seeds and roots, and it can be brewed using both young and mature plants.

So, let’s a closer look at how hemp and cannabis tea is made, and the many ways that it can benefit you.

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Young vs
Mature Hemp Tea

First things first; when it comes to brewing tea, it all begins with the plant. In the case of hemp tea, the starting point is deciding whether to use young hemp plants or mature ones. As expected, younger hemp plants have less CBD content than fully grown ones. They are typically used well rounded profile of terpenes, flavonoids, vitamins, and chlorophyll.

lower cannabinoid levels, there are numerous benefits that are said to be
specific to the consumption of young hemp tea. These include: increased red
blood cell count, body detox, balanced hormones, prevents kidney stones, boost
immunity, improved gastrointestinal function, strengthened the bones, and
preventing bad breath.

hemp tea, which of course uses older plants, will have much higher levels of CBD
and other cannabinoids. Because it’s made from hemp, it won’t have enough THC
(tetrahydrocannabinol) to get you high, but you’ll be able to feel more of the
benefits associated with CBD, CBG, and other non-psychoactive cannabinoids.

hemp tea is said to have its own list of benefits, unique to those of young
hemp tea. The benefits of mature hemp tea include: alleviating symptoms of nausea,
relieving chronic pain, improves heart health, alleviates respiratory
reduced inflammation, and prevents symptoms of certain chronic
diseases like Alzheimer’s and epilepsy

important to note that all this symptom relief is not well documented, and
there are no official studies on the medical benefits of hemp tea consumption.
This is all based on anecdotal evidence and traditional uses.

CBD (Hemp) vs THC (Cannabis) Tea

Again, let’s take a quick moment to get back to the basics. Cannabis and hemp are just different species of the same plant, but there is a notable legal distinction between the two.

Are CBD-Infused Beverages The Next Big Thing?

While cannabis has all of the major cannabinoids and is generally THC-dominant, hemp is classified as having less than 0.3 percent THC. Hemp is usually high in CBD, but it can also have other abundant compounds like CBG (cannabigerol).

If you’re brewing cannabis tea with higher levels of THC, you’ll likely experience all the fun, psychoactive effects that come along with it. If you want to relax or benefit medicinally without any high, then hemp tea is the better option.

Another way to get cannabinoid infused tea is by making your favorite regular tea (mine is green for example), and adding a couple drops of CBD or THC oil. Keep in mind that both of these compounds are not fat soluble, so they will need to be mixed with a fat like coconut oil, milk, or whipping cream.

Medical Benefits of Drinking Tea

In general, tea is believed to offer many physical benefits and it’s been used therapeutically for millennia. Tea is full of polyphenols, which are the main health-promoting molecules in the herbs. Lab studies on animals and thousands of years of anecdotal evidence in humans indicates that these compounds – known scientifically as catechins and epicatechins – have anti-inflammatory and antioxidant properties.

Harvard-led research found that people who drink tea (and coffee) regularly are at lower risk for diabetes and heart disease, but they haven’t determined whether this is completely a result of tea-drinking or if people who drink tea just naturally lead healthier lifestyles.

Green tea has numerous health benefits

“Tea consumption, especially green tea, may not be the
magic bullet, but it can be incorporated in an overall healthy diet with whole
grains, fish, fruits and vegetables, and less red and processed meat,”
says Qi Sun, assistant professor in the Department of Nutrition at the Harvard School of Public Health.

As far as hemp and cannabis tea goes, there is no research yet
in this field. However, if other teas and coffee drinks are beneficial, one can
assume the same about hemp and cannabis tea, especially considering all the documented
ailments that are being treated with these plants such as mental health
disorders, chronic pain, epilepsy, digestive disorders, bacterial infections,
and more.

Tea for Respiratory Conditions

Now comes the million-dollar question,
can hemp and cannabis tea be a suitable, alternative-treatment option for someone
suffering from a respiratory disease? For a person dealing with asthma, ARDS, COPD,
or even COV-19, can hemp or cannabis tea offer some relief?

The official answer is, we don’t know
because there is no concrete evidence. Unofficially, it probably won’t heal you
completely or kill any viruses, but it can certainly provide a great deal of
symptom relief. Once again, green tea has been studied and it does, in fact, have
a positive impact on respiratory disease. Here’s what a 2016 study had
to say on the topic:

“Herbal medicine-derived natural products can be considered as an
alternative therapeutic potential for respiratory diseases since several
compounds showed anti-inflammatory effects inhibition different inflammatory
mediators involved in respiratory diseases such as asthma, ARDS, and COPD.”

Research from 2018 echoed these results. “The incidence of COPD decreased from 14.1% to 5.9% with increased frequency of green tea intake from never to ≥2 times/d (P < 0.001). In the fully adjusted multiple linear regression model, the frequency of green tea intake showed a linear dose-response relation with FEV1/FVC (P-trend = 0.031). In the multiple logistic regression model, the OR for COPD among people who consumed green tea ≥2 times/d was 0.62 (95% CI: 0.40, 0.97), compared with those who never drank green tea, after adjusting for all covariates.”

How The Coronavirus Disrupts The Cannabis Industry

If green tea can do it, it’s not a
stretch to assume that other types of tea, like hemp and cannabis, can do it as
well. Plus, just drinking hot liquid in and of itself is beneficial. Hot
liquids relieve nasal congestion, prevent dehydration, and soothe the membranes
that line your nose and throat and become inflamed if you’re coughing or
sneezing a lot.

Make your own hemp tea

If you’re interested in making
your own hemp or cannabis tea, here’s a quick, basic recipe to get you started.

Homemade Hemp or Cannabis Tea:

  1. Use 1 teaspoon of dry hemp or cannabis leaves per 1 cup of water
  2. Put the plant matter into an empty, pleated tea bag and close it
  3. Pour boiling water over the bag of plant matter
  4. Let it steep in the hot water for 5 minutes

If you want to add some flavor it,
you can try adding some additional ingredients like honey, cinnamon, anise, and
vanilla. Remember, you need to add a fat in there for the cannabinoids to fully
mix into the beverage. Coconut oil, milk, butter, or cream are all good

You can
also make tea with fresh roots of the hemp or cannabis plant. This requires quite
a bit more preparation as you will need to clean, dry, and powder the root
before it can be used.

Final Thoughts

To summarize, there really is no official
evidence pointing to the benefits of drinking hemp or cannabis tea when you’re
sick. However, informal research says it works, hot beverages are good for you,
and there absolutely no harm that can come from drinking it, so you might as
well give it a shot during the rest of this unpredictable sick season.

Check back with us to stay in the loop on all things cannabis and hemp-related, and make sure to subscribe to the Medical Cannabis Weekly Newsletter for more articles like this one.

The post What Are The Benefits Of Drinking Hemp Or Cannabis Tea? appeared first on CBD Testers.