The sale and purchase, and therefore also the possession, of cannabis products (marijuana and parts of plants belonging to the cannabis genus) is generally punishable under the BtmG.

An exception exists if cannabis products originate from cultivation in EU countries with certified seeds or their THC (tetrahydrocannabinol) content does not exceed 0.2 percent and they are used exclusively for commercial or scientific purposes that exclude abuse for intoxication purposes. These requirements are excluded in the case of acquisition for intoxication purposes, as the purpose of this provision is not to supply the population with low-THC preparations for personal consumption. This would fundamentally contradict the purpose of the BtmG, which is to curb the socially harmful effects of illegal narcotics traffic in addition to protecting individual rights.

The commercial purpose exists, for example, if the buyer uses "industrial hemp" for industrial purposes (hemp products such as ropes or clothing) or for energy purposes (fuel), so-called cannabidiol hemp (CBD hemp).

CBD hemp or low-THC hemp usually has a lower active ingredient content.

Material that was offered with the corresponding declaration/presentation (brand name, variety designation, etc.), e.g. in kiosks, etc., was found to contain THC levels of approx. 0.1 to 0.9 %. To reach the "not small amount" of THC (7.5 g) punishable under the BtmG, at least 833 to 7500 g of corresponding material would therefore have to be present.

For "loose" materials seized and only identified as low-THC hemp during an examination at the Forensic Institute (KTI) of the LKA NRW, THC contents of less than 1 % were also predominantly found. In isolated cases, the THC content found was up to 5 %, whereby such materials can no longer be classified as low in THC despite their simultaneously high CBD content of 7-12 %.

The THC contained in natural hemp has an intoxicating effect. Artificial substances with similar effects to THC have been produced for over ten years. The synthetic cannabinoids are purchased as pure substances and applied to the carrier material. Depending on the type of active ingredient, it may be a substance covered by the BtmG or the New Psychoactive Substances Act (NpSG).

Synthetic cannabinoids are toxic even in small doses. As they cannot be applied evenly, overdoses can occur very quickly. Even within a single delivery, for example, the dose can vary greatly from flower to flower.
The treated materials are visually indistinguishable from ordinary marijuana or hashish. Since synthetic cannabinoids generally have a very high potency, very strong effects can occur after the consumption of such treated cannabis materials, which are unexpected and unpredictable, especially with CBD hemp, which is rather weak in itself.
Medical treatment in emergencies is more difficult as there is no antidote to synthetic cannabinoids.