CBD Shops Sell Cannabis Flowers Again

At the beginning of the year, the Ministry of Finance banned the sale of hemp flowers in CBD stores: that was illegal,...Read the full article on FALTER.at

CBD Shops Sell Cannabis Flowers Again

The local CBD shops are resuming the sale of cannabis flowers.

Constitutional lawyer Heinz Mayer sees no reason why the sale should be limited to Trafiken. Industry wants to make it happen to litigation. But also the Trafikanten prepare themselves.

According to a ruling of the Verwaltungsgerichtshof (VwGH), CBD flowers with a THC content of less than 0.3% are subject to the tobacco tax. According to the legal opinion of the BMF, the sale of CBD flowers is therefore also subject to the tobacco monopoly. According to the Tobacco Monopoly Act, only trafiks may sell goods subject to the monopoly to consumers, hemp shops therefore not. This prohibition also applies to sales by vending machine. …

After legal uncertainties, Austrian CBD shops want to sell cannabis flowers again from now on. This is legally possible, said Klaus Hübner, chairman of the newly founded Austrian Cannabis Federation (ÖCB), on Thursday with reference to a recent opinion of the constitutional expert Heinz Mayer. The Ministry of Finance wants to examine the report, but points out that it cannot overturn a sales ban.