Germany continues to be one of the most interesting markets on the planet for cannabis commerce and policy. Germany is the largest legal market in Europe and is at the forefront of the continued push to modernize the region’s laws, policies, and regulations.

Cannabis policies and regulations can be formed in various ways, with court challenges being a very important one. A couple of court decisions were recently rendered in Germany that have the potential to impact the nation’s emerging cannabis industry, at least in the near future, at a local level.

The first case was heard by the Freiburg Regional Court and involved a company named Green Brothers, which faced charges related to the transportation of roughly 170 kg of industrial hemp flowers. The hemp flowers had a THC content of less than 0.3% and were being transported from a warehouse in Switzerland through Germany to a different warehouse in Luxembourg. The shipment was seized by customs at the border, and drug trafficking charges were filed against the company.

“The Freiburg Regional Court acquitted the Green Brothers today. According to the court, the product does not constitute cannabis because, at least since partial legalization, it is practically impossible for anyone to attempt to get high on industrial hemp. The court explicitly rejected the conservative line taken by the Federal Court of Justice (BGH) before partial legalization, calling this approach the wrong way.” wrote Dr. Ferdinand Weis, lawyer and board member of the German Cannabis Business Association (BvCW) on LinkedIn (translated from German to English).

“The written grounds for the judgment are not yet available. The judgment is not yet legally binding. The public prosecutor’s office has the right to appeal. Nevertheless, the message is clear: Following the acquittal in Amberg and positive rulings from Düsseldorf, the further decision from Freiburg is changing the legal assessment of industrial hemp step by step!” Dr. Weis added.

The Cologne Administrative Court recently decided a separate court case. The case involved cannabis seedlings (or ‘cuttings) and whether they can be sold commercially outside of cultivation associations. A retailer that specialized in selling ‘cuttings’ challenged a City of Cologne prohibition on the commercial sale of such products.

“Cannabis seedlings may not be sold commercially, even if they are preserved in a liquid nutrient solution. This was decided by the Cologne Administrative Court (decision of June 22, 2026, case no. 1 L 1051/26).” wrote LTO in its local coverage (translated from German to English).

“According to the Cologne Administrative Court, cuttings within the meaning of Section 1 No. 6 of the German Cannabis Act (KCanG) are only those plants that have not yet been placed in a substrate or a liquid nutrient solution. The cutting becomes cannabis – the commercial distribution of which is prohibited – as soon as it is planted or placed in a liquid nutrient solution and thus made transportable.” the outlet also wrote.

Germany legalized home cultivation by adults starting on April 1st, 2024, with adult consumers being permitted to cultivate up to three plants in their private residences. Adults can apply to operate a member-based cultivation association in Germany as of July 1st, 2024.