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Austria’s CBD Flower Ban Faces Legal Challenges

Months after it was reportedly determined that dried hemp flowers in Austria with a THC content of up to 0.3% are subject to the country’s tobacco tax and monopoly, the nation’s government is facing ongoing legal challenges from cannabis industry members.

“The Austrian cannabis industry is breathing a sigh of relief after the publication of a constitutional opinion by leading jurist Dr. Heinz Mayer. According to Mayer, the sale of CBD weed with less than 0.3% THC is not subject to the tobacco monopoly, despite earlier reports from the Ministry of Finance. This would allow CBD shops to legally resume the sale of smokable cannabis products.” reported Cannabis Industrie in its original coverage (translated to English).

“Mayer argues that the ruling of the highest administrative court only confirms that CBD weed falls under tobacco excise duty, not under the monopoly itself. According to him, an extension of the tobacco monopoly to cannabis would be in conflict with the Austrian constitution and European law.” the outlet also reported.

According to a previous analysis by the Tax Foundation, Austria places a €3.32 excise duty per 20-pack of tobacco cigarettes. An additional ‘value added tax’ or VAT is also placed on tobacco products, raising the total tax per pack of tobacco cigarettes to €4.23. The Tax Foundation estimates that tax as a share of the final selling price per pack of tobacco cigarettes is 77%.

Regulators across Europe, and many other parts of the world, are struggling to rectify the inconsistencies in laws and regulations on consumable hemp products. For many years, hemp products were largely limited to textiles. However, many savvy entrepreneurs are bringing more consumable hemp products to emerging markets, often referred to as ‘cannabis light,’ and policymakers are scrambling to try to catch up.

According to the Austrian government, sales of cannabis light products must exclusively go through official tobacco shops as long as the sales ban remains in force. Vending machine sales are also prohibited according to the Austrian government.

Hemp Flowers Are Now Subject To Austria’s Tobacco Tax

The level of popularity for hemp flowers among cannabis consumers has exploded in recent years, particularly in Europe. ‘Cannabis light,’ as it is sometimes referred to, contains low enough levels of THC that many markets in Europe permit sales of it.

Whereas adult-use cannabis commerce for products derived from non-hemp sources remains illegal throughout most of Europe, commerce involving hemp products is often legal to some degree. Hemp flowers are a bit of a grey area from a regulatory standpoint in much of Europe. In Austria, a recent court decision declared that hemp flowers are subject to the nation’s tobacco tax.

“The Austrian Administrative Court (VwGH) has recently ruled that dried hemp flowers with a THC content of up to 0.3% are subject to tobacco tax.” reported Cannabis Industrie in its original coverage. “In addition to the tax liability, these products are also subject to the Tobacco Monopoly Act, which means that they may only be sold through tobacco shops.”

“The decision of the VwGH could have far-reaching consequences for the cannabis industry in Austria. Producers and distributors must now adapt to the new regulations and comply with the sales restrictions. This could lead to a shift in the market and possibly new legal challenges.” the outlet also reported.

According to analysts at the Tax Foundation, Austria places a €3.32 excise duty per 20-pack of tobacco cigarettes. An additional ‘value added tax’ or VAT is also placed on tobacco products, raising the total tax per pack of tobacco cigarettes to €4.23. The Tax Foundation estimates that tax as a share of the final selling price per pack of tobacco cigarettes is 77%.

Regulators across Europe, and many other parts of the world, are struggling to rectify the inconsistencies in laws and regulations pertaining to consumable hemp products. For many years, hemp products were largely limited to textiles. However, many savvy entrepreneurs are bringing more consumable hemp products to emerging markets, and policymakers are scrambling to try to catch up.

Cultiva Hemp Expo 2024 Is Coming To Vienna October 4th-6th

For more than 15 years, the Cultiva Hemp Expo has served as the most exclusive event for cannabis in Austria. Cultiva is part trade fair and part festival, featuring lectures dedicated to all things cannabis under one roof where cannabis enthusiasts can meet and learn.

Europe is the most exciting place on earth for cannabis policy and industry right now, and cannabis advocates in Austria are working extra hard to get their nation’s cannabis policies and regulations modernized. With legalization now in place in Germany, Malta, and Luxembourg, momentum for reform in Austria is greater than ever.

Cultiva Hemp Expo 2024, taking place at MARX Halle in Vienna October 4th-6th, is the perfect meeting place for hemp enthusiasts and interested visitors, as well as producers, decision-makers, journalists, investors, and young entrepreneurs from the cannabis industry.

In addition to the industry-focused component of the event, Cultiva also has an extensive entertainment program planned with a music and street food festival, glass-blowing demonstrations, a joint rolling contest, and much more.

The event’s glassblowing show, Torchland Glass Circus by THCBD, will feature professionals such as Chadd Lacy, Adrienne Di Salvo, Orglasmus, Frank Fleischer, Fedex, Hashba Glass, Scomo, and Tibor Toth. The artists will demonstrate the art of glassblowing and engraving, and their finished products can be purchased after the demonstrations.

The CULTSOUND Music Festival component of the expo will include a variety of genres, from electro to reggae sounds. The three-day music festival with its extraordinary location offers a special experience for attendees. Acts such as the band Mary Jane Soundgarden and Arai will ensure an amazing atmosphere.

Cultiva’s street food festival will bring together the best of local street food vendors, offering a mouthwatering array of dishes from around the world. Alongside the food, the festival will feature live performances, creating a lively atmosphere filled with music and entertainment.

With cannabis policy being such a hot topic right now in Europe, Cultiva’s Hanfexpo Congress is sure to be a popular component of Cultiva’s event. It will offer insight into the topics of law, politics, and medicine, as well as culture and innovation. National and international experts from different fields will share their knowledge and answer important questions about cannabis in the form of lectures and panel discussions. The focus will be on both the current regulations on the subject of cannabis and the future of the industry.

Lastly, in the exhibition hall, there will be a B2B lounge area with a small café and seating. Innovative minds, experts, entrepreneurs, and decision-makers will meet to exchange ideas and explore business opportunities. Exhibitors and business visitors are invited to a B2B brunch in the MARX Halle on Friday, October 4th from 09:00 – 11:00 a.m.

People can find out more about the event and purchase tickets at: https://www.cultiva.at

Austria Needs To Modernize Its Cannabis Policies

Germany shares more borders with other countries than any other nation in the European Union. Germany, which recently legalized cannabis for adult use, shares borders with Austria, the Netherlands, the Czech Republic, France, Luxembourg, Denmark, Poland, Switzerland, and Belgium.

Every one of those countries is presumably re-evaluating its own cannabis policies now that Germany has legalized cannabis. Lawmakers in the Czech Republic had previously indicated that it would follow Germany’s lead and pursue adult-use reform. Unfortunately, Austria is one of Germany’s neighbors that is taking a different approach.

Rather than get on the right side of history and end cannabis prohibition enforcement against personal consumers, Austria’s government is reportedly ramping up its efforts to enforce cannabis prohibition at checkpoints along its border with Germany.

On April 1, 2024, Germany’s cannabis laws changed from prohibiting cannabis for recreational use to permitting adults to cultivate, possess, and consume cannabis. People 18 years old and older are allowed to cultivate up to three plants in a private residence and possess up to 25 grams of cannabis in Germany. Selling cannabis to other consumers remains prohibited, as does public cannabis use.

In reaction to Germany’s policy change, Austria is planning to institute a heightened focus on cannabis prohibition enforcement at checkpoints along the Austria-Germany border.

“The police will conduct intensified checks, particularly in areas near the border, to take addictive substances and drivers under the influence of drugs out of circulation,” Interior Minister Gerhard Karner said in a statement according to the Associated Press. “This is about the protection of all road users.”

Minister Karner also indicated that law enforcement officers in ‘plain clothes’ and impairment recognition specialists from regional transport departments will be deployed at checkpoint areas as part of the stepped-up enforcement effort.

If history is any guide, clinging to prohibition is going to continue to be a failed strategy in Austria. To be clear, no responsible cannabis consumer is encouraging anyone to drive impaired, nor is anyone recommending that consumers try to smuggle banned substances across borders.

What reasonable, sensible people are recommending is that Austria remove consumers’ incentive to seek cannabis from unregulated sources, whether it be from inside or outside of Austria, by modernizing the nation’s cannabis policies to permit adult-use cannabis activities.

Cannabis is now legal to cultivate in Malta, Luxembourg, and Germany, as well as in Uruguay, Canada, and many parts of the United States. Court decisions in Mexico, Italy, and South Africa also provide some level of protection for personal cultivation.

In addition to private cultivation, Germany will soon permit noncommercial cannabis clubs to operate, similar to what is already in place in Uruguay and Malta. Germany will also eventually launch regional adult-use cannabis commerce pilot programs, similar to what is already operating in Switzerland and the Netherlands, but presumably on a much larger scale.

Momentum for reform is picking up in many parts of the globe, with Europe being particularly active. The writing is on the wall for cannabis prohibition on the European continent, and Austria would be wise to modernize its cannabis policies and then re-allocate public resources that are currently directed towards enforcing failed prohibition.

Attend The 2023 Cultiva Hanfexpo In Vienna October 6th-8th

An amazing opportunity is coming up this week in Vienna, Austria with the start of the Cultiva Hanfexpo on October 6th. The three-day hemp expo and festival is the largest in Austria and will take place at the Marx Halle.

At the expo, visitors will find all of the information that they need to know about the hemp plant and the products derived from it. National and international exhibitors will display their products and contribute to a unique exhibition experience. Below is more information about the event:

15 YEARS OF CULTIVA

Over the last 15 years, Cultiva has brought together people from all over the world to discuss the uses of hemp and develop new ideas. This event is important to unite and support the Austrian hemp industry. It all started in 2008 at the Pyramide in Vösendorf.

“They were expecting big tables with Indian sheets. Then when the trucks came and one-story platforms were set up, it caused a big surprise moment for the management of the event venue,” founder Harald Schubert recalls of the beginnings of Cultiva. At first, he says, there were doubts about the exhibition, because “they didn’t know what to expect”. But these hesitations quickly disappeared.

Around 5,000 visitors came to the first hemp exhibition. The aim was to provide a platform for the hemp plant and its use, the industry and its development, as well as the many socio-political issues associated with it. This has not changed over the years, but the size of the exhibition has.

“We attracted higher-value branches because of the higher purchasing power in Austria, and that set us apart from other hemp exhibitions in Europe,” says founder Schubert.

Even after 15 years, the glassblowing show is still a fixed part of the fair. Other highlights of the past 15 years of Cultiva included visits from Christian Rätsch, Jorge Cervantes and “Mr. Nice” Howard Marks. And, of course, the many performances by bands and DJs. “It’s the most iconic expo,” Schubert says.

EXPERIENCE THE WONDER OF HEMP

The WORLD OF HEMP represents one of the most extensive areas at the exhibition. On 400 sqm all information about cannabis is shown in an exciting and informative way. This interactive area educates visitors about the cannabis plant and helps them to get to know it better. Different sections can be explored with the help of a guiding system.

Whether learning, tasting, participating or trying out: The WORLD OF HEMP serves all the senses and invites you to further education.

GLASSBLOWING-SHOW – TORCHLAND GLASS CIRCUS BY THCBD AUSTRIA

Another highlight at CULTIVA HANFEXPO is the glassblowing show Torchland Glas Circus by THCBD Austria. During the live show, professionals such as Orglasmus, Nathan Belmont, Sibelle Yuksek, Fedex Glass and Tibor Toth will demonstrate the art of glassblowing and engraving. If interested, the products can be purchased afterwards.

CULTSOUND FESTIVAL

The CULTSOUND Music Festival is a new star in the sky of the Viennese event calendar. From electro to reggae sounds – the three-day music festival with its extraordinary location offers a special experience. The venue – the headquarters of the artist collective R:JOURNEY – provides the ideal setting. Acts such as the band Mary Jane Soundgarden, Matej, Sun State of Mind
will ensure a hot atmosphere and danceable sounds, and Sunday will be hosted by WNMR – If Not With Rap. Food trucks with a variety of dishes from meat or vegan to sweet and a bar provides for the physical well-being.

CULTIVA CONGRESS

The CULTIVA HANFEXPO CONGRESS offers an insight into the topics of law, politics, medicine as well as culture and innovation. National and international experts from different fields share their knowledge and clarify important questions about cannabis in the form of lectures and panel discussions. The focus will be on both the current regulations on the subject of cannabis and
the future of the industry. What changes can we expect in the hemp industry? What could the situation look like in five years? These and other questions will be answered during the congress.

BUSINESS BRUNCH

On Friday and Saturday all business visitors and exhibitors are invited to aur Networking Brunch in the Business lounge at the exhibition.
• Friday, 06.10.2023 09:00 – 11:00 a.m.
• Saturday, 07.10.2023 09:00 – 11:00 a.m.

Find out more information at: https://www.cultiva.at/lang%3Den/index.htm