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Germany: Cologne court rules rooted cannabis cuttings qualify as regulated plants in Germany
MMJ Daily Wednesday 01 Jul 2026 The Administrative Court of Cologne has rruled that a cannabis cutting becomes a regulated cannabis plant under Germany's Cannabis Act the moment it is placed in a growing medium, effectively banning its commercial sale and rejecting an interim relief request from a cannabis retailer that had challenged an enforcement order. Germany's Cannabis Act, which partially legalized recreational cannabis in 2024, defines cuttings as propagation material and exempts them from the regulations that govern cannabis plants. The law left open when a cutting stops qualifying for that exemption. The Cologne court's ruling sets that threshold at the point of planting: once a cutting is rooted in soil or a hydroponic system and is capable of continued growth, it is legally a cannabis plant, not propagation material. The court also found that the propagation material exemption was never intended to create a commercial market. It was meant to apply to private cultivation or activity within cannabis cultivation associations, not to retail operations. On that basis, the court rejected the retailer's argument that the commercial ban violated professional freedom and ruled in favor of immediate enforcement. The decision follows a November 2025 ruling by the same court in a separate case involving another cannabis retailer. In that earlier ruling, the court held that the absence of flowers or fruits does not in itself keep a plant within the propagation material exemption. A rooted cutting placed in a substrate and actively cultivated can fall under the country's cannabis regulations. Consumer demand for cuttings in Germany is substantial. A 2024 poll by the German Cannabis Business Association found that 88% of respondents supported legalizing commercial trade in cannabis cuttings for adults over 18. A YouGov poll from the same year found that 7% of Germans had already bought cannabis seeds or cuttings since legalization, with another 11% planning to do so. Source: forbes.com https://www.mmjdaily.com/article/9852726/cologne-court-rules-rooted-cannabis-cuttings-qualify-as-regulated-plants-in-germany/
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