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Harmful German Medical Cannabis Amendment Withdrawn From Agenda

Parliament Berlin Government Building Bundestag Germany

A recently published draft amendment from Germany’s Federal Ministry of Health (BMG) that would dramatically overhaul the nation’s medical cannabis program was originally scheduled to be part of a Federal Cabinet meeting earlier this month, but was reportedly withdrawn. That has, in turn, created speculation as to why it was withdrawn from the meeting’s agenda.

“With the entry into force of the Medical Cannabis Act (MedCanG) at the beginning of April 2024, the legislature has reorganized the previous legal situation: Medical cannabis has been enshrined in a separate set of rules beyond the Narcotics Act, thus placing its medical use on a par with other prescription drugs.” reported LTO in its local coverage.

“However, the Federal Ministry of Health (BMG) already intends to amend the MedCanG and has submitted a preliminary draft bill for this purpose. Until a few days ago, this bill was also on the draft agenda for the Federal Cabinet meeting on September 10, but was subsequently withdrawn. Whether it will be revised again remains unclear.” the outlet also reported.

The draft amendment has received considerable pushback from Germany’s medical cannabis community. As drafted, the measure would:

  • Require mandatory in-person doctor consultations
  • Ban mail-order medical cannabis dispensing
  • Implement stricter rules for medical cannabis prescriptions

“The SPD emphasized that barrier-free, local care for patients must be guaranteed…” stated the German Cannabis Business Association in its recent newsletter (translated from German to English). “Online prescriptions should not be permitted without restrictions, but at the same time, a balanced regulation is necessary. Whether and in what form the Federal Ministry of Health will refine the draft remains open. Negotiations on changes to the Medical Cannabis Act are continuing within the coalition, reports LTO reporter Hasso Suliak on X.”

“Non-medical consumption continues to fall under the Consumer Cannabis Act (KCanG), which is being evaluated separately. Carmen Wegge (MP, SPD) announced on Abgeordnetenwatch that the issue is expected to be discussed at the cabinet meeting in October.” the German Cannabis Business Association (BvCW) also wrote in its newsletter.

In their LTO article, lawyer Franziska Katterbach suggests that the blanket actions proposed in the draft amendment could be ‘unobjectionable under European and constitutional law’ if implemented.

“While German doctors will in future be required to attend in person for initial prescriptions, their colleagues in Vienna or Amsterdam could continue to issue prescriptions via video consultation. The prescription would simply have to be filled in Germany. This could lead to a direct locational disadvantage for German doctors, even though they are already closely monitored by control mechanisms.” the lawyer writes. “Under EU law, patients may also receive medical services in another member state and redeem prescriptions issued there in Germany – including via telemedicine.”

Whether the draft amendment will be revised remains uncertain, and speculation as to where things go next is still unclear. But one thing is for sure – medical cannabis advocates in Germany will continue to fight for sensible laws and regulations. The well-being of suffering patients is counting on it.


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