German Cannabis Organization Announces Constitutional Complaint
German Cannabis Organization Announces Constitutional Complaint
Earlier this month, German lawmakers approved the Statutory Health Insurance Contribution Stabilisation Act (BStabG). The measure eliminates statutory health insurance reimbursements for medical cannabis flowers, among other changes. The Working Group on Cannabis as Medicine (ACM) recently announced that it will file a constitutional complaint against the passage of the measure.
“The ACM board has decided to file a constitutional complaint against the statutory health insurance contribution stabilization law passed by the Bundestag and Bundesrat. And our chances are good.” the organization stated in a news release (translated from German to English).
“Patients with various illnesses and current situations can participate in the constitutional complaint. These can include patients who already receive reimbursement for cannabis flowers from their statutory health insurance, those who may soon wish to submit a corresponding application for reimbursement, and also those seeking reimbursement for an extract, though not necessarily for the finished medicinal products Sativex or Exilby, as Sativex is not tolerated and the efficacy of Exilby has so far only been tested for back pain.” the organization continued.
“According to current legislation, which came into effect on July 10, 2026, all patients with insurance coverage for cannabis-based medications will be required to try an approved finished medicinal product – namely Sativex and, soon, Exilby – for six months this year. The legislature mistakenly assumes that cannabis-based medications are interchangeable. This is not the case. It is now well established that cannabis-based medications have different effects. We therefore advocate that, in the future, patients should continue to consult with their doctors to determine which cannabis-based medications are effective and well-tolerated in their specific case.” ACM added.
ACM is urging German medical cannabis patients to get involved and recommends two different options for doing so. The first option is to participate in the complaint before the Federal Constitutional Court. Attorney Professor Dr. Oliver Tolmein. Mr. Tolmein is filing the constitutional complaint on behalf of patients. The second option is contacting members of the Bundestag.
“All patients who benefit from such therapy and are disadvantaged by the law are warmly invited to contact their local member of parliament and inform them about the disadvantages of the law. In particular, they can ask members of the governing coalition (SPD, CDU, and CSU) to advocate for patient welfare and, in their specific case, for optimal therapy with cannabis-based medications.” ADM wrote. “Make it clear to the members of parliament that therapy with cannabis-based medications is always an individualized treatment. This also applies to the choice of preparation, as these have different effects.”
“We will do everything in our power to overturn this law. It’s not the first time an ACM legal initiative has been successful, even if it sometimes took years. With your support, we can do it again.” the organization concluded in its news release. “We will soon be setting up a donation account to ensure we have sufficient funds. The DHV (German Hemp Association) has already expressed its fundamental support.”
ACM’s contact information can be found in its news release. In addition to ACM’s planned constitutional complaint, the German Association of Cannabis Patients (BDCan) has asked Federal President Frank-Walter Steinmeier to review the adopted measure from a constitutional perspective before it is enacted.
“Seriously ill people must not lose their established therapy overnight. It’s about ensuring continuity of care and preventing unnecessary interruptions to ongoing treatments.” stated Daniela Joachim, Chairwoman of the Board of the BDCan, in a news release (translated from German to English).
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