Industrial hemp prohibition policies have never been based on science and logic. To be fair, lawmakers and regulators claiming that hemp and cannabis are two different types of plants is also illogical because, in reality, they are both the same kind of plant.

The public policy differentiation between industrial hemp and non-hemp cannabis hinges on the tetrahydrocannabinol (THC) content in harvests. If the THC percentage of a harvest is below a certain threshold, which is typically between .2% and 2% depending on the jurisdiction, the harvest is considered to be industrial hemp. Conversely, if the THC percentage is above the jurisdiction’s threshold limit, it is not hemp.

In jurisdictions where adult-use cannabis activity has been legalized for higher THC percentages, industrial hemp prohibition policies are even more ridiculous. One such jurisdiction where this is occurring is in Germany, where lawmakers legalized cannabis for adult use in April 2024. Adults in Germany can now cultivate, possess, and consume a personal amount of cannabis.

This month, lawmakers in Germany introduced a measure that, if adopted, would further modernize the nation’s policies regarding industrial hemp. It is unclear at this time what the chances are of the measure reaching the finish line, but it is a worthy pursuit nonetheless.

“The Alliance 90/The Greens parliamentary group in the Bundestag introduced a bill to amend the Consumer Cannabis Act. The goal is to eliminate legal uncertainties surrounding the use of industrial hemp and create new economic opportunities.” stated the German Cannabis Business Association (BvCW) in a recent newsletter (translated from German to English).

“Among other things, the proposals include the deletion of the so-called intoxication clause or abuse clause, which previously required that intoxicating use be excluded. Furthermore, the THC limit for industrial hemp should be raised from 0.3 to 1 percent, and indoor cultivation should be permitted.” also stated about the measure.

According to the Bundestag website, the measure would promote “the cultivation of industrial hemp and utilizing plant parts in products such as textiles, food, or cosmetics,” and would provide “legal certainty in the handling of industrial hemp.”

“The draft, presented by MPs Karl Bär, Dr. Zoe Mayer, and other Green Party members, argues that there are virtually no risks of abuse associated with industrial hemp. Legalizing cannabis for personal consumption further precludes the use of industrial hemp for recreational purposes. The higher THC limit is based on the regulation in the Czech Republic and is intended to strengthen the competitiveness of German companies.” BvCW states.

“The customs administration is expected to assume additional responsibilities regarding tobacco taxation, as dried industrial hemp could be taxed as a tobacco substitute in the future. The draft estimates this will generate additional annual revenue of approximately €2.5 million. In 2024, the then-led coalition government introduced a law to liberalize industrial hemp, but due to the new elections, it was not voted on at the final vote.” the organization also stated.

BvCW is seeking examples of “practical cases in which criminal proceedings have been initiated since April 1, 2024, due to the pending Industrial Hemp Liberalization Act.” If you or someone you know has experienced a situation that matches that description, consider sending an email to BvCW to make them aware.