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Bundestag Germany
| Johnny Green |

German Lawmakers Consider Scaling Back Medical Cannabis Amendment

Bundestag Germany
| Johnny Green |

German Lawmakers Consider Scaling Back Medical Cannabis Amendment

Last week, various experts provided testimony at a public hearing held by Germany’s Health Committee in the Bundestag on a proposed amendment to the Medicinal Cannabis Act (MedCanG) championed by Germany’s Health Minister, Nina Warken. Written submissions were also part of the hearing.

Minister Warken has sought to significantly overhaul Germany’s medical cannabis policies in ways that would negatively impact the country’s medical cannabis program, and with it, harm suffering patients across the nation. Members of Germany’s medical cannabis community, including industry organizations, pushed back during the public hearing. Cannabis opponents also made statements during the hearing.

The German Medical Association expressed support for “the intention of the draft law” and advocated that only “finished or compounded medications should be used.” The German Center for Addiction Issues advocated for making a personal consultation with a doctor mandatory for initial subscriptions, and, unsurprisingly, the police union expressed support for tightening medical cannabis requirements.

“The German Cannabis Business Association (BvCW) argued quite differently, rejecting the amendment. They claimed the planned special regulations violated the general principle of equality enshrined in the Basic Law, as they proposed unequal treatment of medical cannabis compared to other prescription drugs without any objective justification.” the Bundestag’s parliamentary news service wrote (translated from German to English).

“The Working Group on Cannabis as Medicine (ACM) also warned against overregulation. While it is generally welcome that legislators continue to strive for a clear separation between the procurement of cannabis-based medicines and the acquisition of cannabis for recreational purposes, the new regulations could lead to restrictions in supply and undue disadvantages for cannabis patients.” they also wrote. For a great recap of the testimony provided during the hearing, check out coverage by krautinvest.

Earlier this week, news surfaced that CDU/CSU lawmakers want to make adjustments to Minister Warken’s proposal instead of approving it as is, which is an encouraging sign.

“The highly controversial medical cannabis law, for which CDU Federal Health Minister Nina Warken is technically responsible and which the SPD has rejected since the first drafts were published, could now take a different turn. Following a hearing in the Health Committee last Wednesday, even the CDU/CSU parliamentary group is questioning the practicality of the regulations drafted by Warken, at least in part.” reported Legal Tribune Online (translated from German to English).

“Legally, the draft law is considered problematic in several respects. There are concerns regarding both constitutional and European law.” the outlet also reported, citing criticisms that the late, great attorney Peter Homberg outlined in a previous article for the media outlet.

“The coalition wants to make access to medicinal cannabis more difficult and is therefore taking a completely wrong approach. The fact that people are obtaining cannabis via online prescriptions is not proof of abuse, but rather a symptom of misguided policy: If legal and controlled access to cannabis is lacking, gray areas in the medical sector are strengthened. Instead of now unsettling patients regarding access to medicinal cannabis, we finally need genuine legal procurement options with clear rules and quality assurance.” stated Ates Gürpinar, spokesperson for public health and drug policy for the Left Party in the Bundestag, in a press release after the hearing.

The second and third readings of the draft law in the Bundestag are scheduled for the spring, according to the German Cannabis Business Association’s recent newsletter.


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