A ruling from Bavaria could have a lasting impact on the industrial hemp industry in Germany. The Amberg District Court acquitted a defendant of the charge of illegally trading industrial hemp with less than 0.3 percent THC, and the public prosecutor's office withdrew its appeal.
The verdict is therefore legally binding. The court reasoned that with the introduction of the Consumer Cannabis Act, the misuse of industrial hemp for intoxication purposes is simply no longer realistic, since adults can now legally purchase THC-containing cannabis.
The so-called "intoxication clause" is a German peculiarity that does not exist in any other European country. On March 21, 2021, the Federal Court of Justice ruled that larger quantities of industrial hemp flowers with more than 0.1 percent THC could theoretically be processed in such a way as to produce a high. Based on this ruling, the public prosecutor's office prosecuted for years dealers and producers who were distributing perfectly legally grown industrial hemp.
The consequences for the industry were significant. In 2025, the area under industrial hemp cultivation in Germany decreased by 1,842 hectares, and 127 farmers ceased cultivation. Even museums and research institutions lost their cultivation permits because the legal uncertainty became too great. The pressure on German industrial hemp farms has steadily increased in recent years.
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