German Draft Act to amend Cannabis Prescription

The draft act from the German Federal Ministry of Health (Bundesministerium für Gesundheit - BMG) is intended to concretise the Medical Cannabis Law (MedCanG). Among other things, the draft stipulates that cannabis flowers may only be prescribed after personal contact between a doctor and the patient in the doctor's surgery or during a home visit. In addition, marketing by mail order should no longer be permitted.

Background

Since the Cannabis Law (CanG) came into force, it has been observed that imports of medicinal cannabis have increased beyond the expected level. According to data from the German Federal Institute for Drugs and Medical Devices (Bundesinstitut für Arzneimittel und Medizinprodukte - BfArM), imports of medicinal cannabis flower increased by 170 % from the first half of 2024 to the second half of 2024. In the same period, however, prescriptions of medicinal cannabis at the expense of the SHI system only increased by 9 %. The rising import figures indicate an increasing number of private prescriptions from self-payers outside the SHI system. At the same time, telemedicine platforms are becoming increasingly active on the market, through which medicinal cannabis flowers can be obtained without personal doctor-patient contact. The BMG also emphasises that "this medicinal product can be marketed without a marketing authorisation under pharmaceutical law and is therefore prescribed to patients exclusively for non-label use without scientific evidence from clinical studies that has been reviewed as part of a marketing authorization"*. This special status of medicinal cannabis flowers in conjunction with the supply practice described requires special measures to ensure patient safety. The aim of this law is therefore "to correct the undesirable development described above while at the same time ensuring the care of patients with serious illnesses"*.

Further information can be found in the draft act: Legislation amending the Medical Cannabis Act.

*Translation by the editorial team