LUXEMBOURG - October 2014: On 10 July, the European Court of Justice (ECJ) decided that substances, such as the synthetic cannabinoids, often marketed as ‘spice’ do not fall under the description of medicinal products. According to the ECJ, these substances, which are harmful to human health, were consumed purely for recreational purposes, and not for therapeutic use.

The decision was preceded by a referral to the ECJ by the German Federal Court of Justice (BGH) which, in two sets of criminal proceedings, had to decide if the sale of mixtures containing synthetic cannabinoids may give rise to criminal law proceedings on the ground of the unlawful sale of unsafe medicinal products, under the German Pharmaceutical Act (AMG). The was a result of an appeal before the BGH by two vendors (Mr D and Mr G) of such mixtures after being convicted of the sale of unsafe medicinal products.

Mr D was sentenced by the Regional Court Lüneburg to 1 year and 9 months imprisonment for selling herbs sprayed with synthetic cannabinoids, the sentence being suspended. Mr G was sentenced by the Regional Court Itzehoe to 4 years and 6 months imprisonment and to a fine of EUR 200,000. The judgements by both courts were made on the grounds of the German AMG classifying synthetic cannabinoids as unsafe medicinal products.

Following this ruling of the ECJ, the BGH released two other vendors of synthetic cannabinoids who had been sentenced by the Regional Courts of Bayreuth and Limburg, for selling herb mixtures containing synthetic cannabinoids as they were considered to be unsafe medicinal products.

For further information please see:
http://europa.eu/rapid/press-release_CJE-14-99_en.htm 
http://curia.europa.eu/juris/document/document.jsf?text=&docid=154827&pageIndex=0&doclang=EN
http://www.hrr-strafrecht.de/hrr/1/14/1-47-14.pdf
http://www.hrr-strafrecht.de/hrr/2/13/2-22-13.pdf