Georg Wurth is a German cannabis lobbyist and head of the German Hemp Association (https://hanfverband.de). We spoke with him about the legal situation of CBD in Germany. Wurth successfully campaigned for the legalization of cannabis for medicinal purposes and for the costs to be covered by health insurance companies. Cannabis will be completely legalized in Germany in 2023.
His key demands regarding the handling of CBD are as follows:
- Medical CBD products must comply with pharmaceutical regulations.
- CBD products should be prescription-capable but not prescription-only, and should be available in drugstores as well as in drugstores – affordability must be guaranteed!
- Non-medical CBD products should be freely available, but subject to food control regulations.
Since autumn 2016, CBD in Germany has been subject to prescription requirements as a medicinal product and may no longer be sold outside of pharmacies. What are the advantages and disadvantages of this regulation?
CBD is well tolerated, with few known side effects. We are also not aware of any cases of contamination of CBD products on the open market. Nevertheless, it is advantageous for patients that medicinal products adhere to stricter requirements and must be more strictly controlled. In addition, reimbursement by health insurance companies has become more likely due to recognition as a medicine. This recognition also affects doctors. CBD is now more likely to be used. The disadvantage is that CBD products from pharmacies are expensive, and the threshold for patients to try CBD increases. After all, they first have to convince a doctor. Many patients do not know that they could also use CBD products from various hemp shops, such as cosmetics with CBD or pure CBD. As long as CBD products are not presented, sold, or advertised as medicinal products, their sale has not been a problem for manufacturers so far.
Has the prescription requirement for CBD aroused interest among doctors?
We do not have figures on the prescription of CBD. However, we assume that such prescriptions have increased since the change. Apart from pure CBD products, the perception of CBD as a medically effective component of cannabis overall is increasing. Since the legalization of medicinal cannabis in Germany, doctors have been prescribing cannabis flowers thousands of times. They inevitably also have to deal with the different varieties and their active ingredient composition of THC and CBD. For example, there are already almost THC-free CBD cannabis flowers in pharmacies. Medical training is also gaining momentum. Specialist journals like the “Ärzteblatt” continuously publish articles on the subject. The doctor and pioneer Franjo Grotenhermen (http://dr-grotenhermen.de) organizes continuous training sessions with the Working Group Cannabis as Medicine, which are followed by federal and state medical associations. The problem is: Many doctors are starting practically from scratch. In addition, at many of these training sessions, CBD only plays a minor role.
CBD food additives and CBD dietary supplements may continue to be sold outside of pharmacies. What does this look like in practice, and who controls the quality?
For food, entrepreneurs must ensure compliance with applicable food law regulations. The responsible authorities of the federal states carry out random checks.
Otherwise, CBD can also be sold in other forms, as long as it is neither practically a medicinal product nor advertised as such. It is also not excluded that the German authorities aim to classify CBD cosmetics as medicines.
In general, how do the authorities handle CBD? The acquisition of CBD for private use without a prescription is legal. But what is the situation for retailers and producers?
The authorities are cracking down on the sale of CBD-containing industrial hemp flowers. According to authorities, only processed parts of the hemp plant may be sold to private individuals. However, this is problematic for hemp tea and makes a market for CBD grass – as in Switzerland and Austria – difficult. Other CBD products such as cosmetics and dietary supplements, on the other hand, seem to be unproblematic as long as they are not medically advertised. These products are also partly produced in Germany from domestic industrial hemp. However, eBay stopped selling CBD products in March. The argument was: CBD as an ingredient is generally and globally not permissible on the eBay marketplace. Amazon, on the other hand, continues to sell CBD.
What regulation would the German Hemp Association recommend for CBD?
CBD is harmless, we should avoid overregulation. Yes, medical CBD products should be required to comply with pharmaceutical regulations. However, they should only be prescription-capable and not prescription-only, and should be available in drugstores as well as in drugstores, such as vitamin C. Non-medical CBD products should be freely available but subject to food control regulations.
Cannabinoids are not water-soluble but alcohol- and fat-soluble. The body only absorbs about 20 percent of the THC or CBD consumed worldwide. That means about 80 percent of the world’s THC or CBD, for example, ends up in the atmosphere when smoking. However, hemp flower teas are advertised and the delivery of cannabis flowers to pharmacies for smoking. Would another form of consumption be more productive?
Even with oral intake, active ingredients are lost. The crucial aspect here should not be maximum efficiency but rather the health and needs of the patient. Smoking is never recommended due to tar exposure, and vaporizing is always preferable for health reasons. Inhalation is advisable when rapid onset of action and precise control are desired. Oral consumption via fatty foods or drops and sprays from the pharmacy is recommended for achieving a stable and longer-lasting level.
Info Box CBD in Austria:
In Austria, CBD is not covered by the Narcotics Act. According to current CBD regulations, possession and consumption of any products are legal as long as the THC content is below 0.3%. Unlike in Germany, end consumers are also allowed to possess CBD products. Therefore, CBD flowers are legal in Austria. According to the Ministry of Health, however, they may not be advertised and sold as smoking products. The reason is that the THC content can exceed the 0.3% limit when burned. CBD flowers are therefore mostly offered as “aroma flowers.” CBD tea is also clearly legal in Austria. Since these are not extracts, they do not fall under the Novel Food Regulation.