The German Bundesrat has voted to restrict the use of medical marijuana and to prohibit its distribution. However, it rejected proposals that would have banned prescriptions sent by mail. This mixed result is both a relief and a concern to an industry that was braced for regulatory changes.
In its plenary meeting, the Upper Chamber adopted three key amendments to Medical Cannabis Act. (MedCanG). These targeted foreign prescriptions as well pricing and advertising inconsistencies that fuelled explosive growth.
What the Bundesrat Approved
Three core reforms were backed by members to tighten regulatory oversight over prescribing and pricing, as well as advertising.
First, Bundesrat clarified that foreign prescriptions issued by EU, EEA or Swiss doctors would not be recognized for medical marijuana. It is the intention of this provision to ensure all prescriptions meet the requirements for personal consultations between doctor/patient, which German Authorities are not able to verify when they come from outside Germany.
The second recommendation was to reapply the German medicine pricing regulation for medical cannabis. As the cannabis market is saturated and highly competitive, prices have dropped in pharmacies since the Narcotics Law was repealed. Should the bill be passed without further changes, medical cannabis would once again be subject to standardised pricing rules under the Arzneimittelpreisverordnung.
The third decision was to ban public advertising of medical cannabis. It would be a similar ban on advertising to consumers for only prescription medicines, but it would also apply to cannabis.
The Bundesrat rejects
Despite the majority’s opposition, the proposals for a classification of mail-order sales of marijuana flowers as an administrative crime did not gain much support.
The controversial ban on mail orders, about which some industry groups feared it would severely restrict access to rural patients, will remain unchanged in its current form, without any additional enforcement mechanisms.
Also, a motion at the state level and another proposal aimed at establishing new mechanisms of oversight for verifying consultations in person were both rejected.
Next?
Note that the Bundesrat does not decide the final contents of the bill. Because the MedCanG amendment is classified as an ‘objection bill’ (Einspruchsgesetz) rather than a ‘consent bill’ (Zustimmungsgesetz), the upper chamber cannot block it outright.
Those recommendations will now be forwarded to the Federal Government, and then to the Bundestag. This is the body that has primary legislative authority. The Bundestag has the option to adopt or modify recommendations made by the Bundesrat, as well as ignore them completely.
The Bundesrat can either request mediation proceedings, or file a formal complaint. In both cases the Bundestag has the right to override the Bundesrat’s decision by majority vote.
This rejection will provide some relief to pharmacies, patients and delivery services in areas that are underserved. The Bundestag will continue to pass the bill as it is. However, mail-order restrictions are still in place.
The foreign prescription ban takes direct aim at offshore telemedicine operators, what industry sources have described as ‘middlemen’ largely detached from the German market. The provision could have a significant impact on business models based around EU prescribing platforms.
The advertising restrictions, meanwhile, target the aggressive marketing practices that have drawn political criticism and contributed to the government’s characterisation of the import surge as ‘abuse.’
As the SPD continues to signal its opposition to the Bill’s restrictiveest elements, it is unclear what the final form of legislation will be. Industry experts expect more amendments to be made during Bundestag discussions, and a vote on the final legislation is unlikely to take place before 2026.
The story is developing
The German Bundesrat has voted to restrict the use of medical marijuana and to prohibit its distribution. However, it rejected proposals that would have banned prescriptions sent by mail. This mixed result is both a relief and a concern to an industry that was bracing itself for further regulatory restrictions.
In its plenary meeting, the Upper Chamber adopted three key amendments to Medical Cannabis Act. (MedCanG). These targeted foreign prescriptions as well pricing and advertising inconsistencies that fuelled explosive growth.
What the Bundesrat Approved
The members voted in favor of three key changes that will tighten the regulatory oversight on prescribing prices, advertising and marketing.
The Bundesrat voted to clarify that medical cannabis prescriptions issued by doctors from the EU, EEA or Switzerland would not be recognized. It is the intention of this provision to make certain that all prescriptions meet the requirements for personal consultations between a doctor and a patient. This requirement cannot be verified by German authorities for foreign prescriptions.
The second recommendation was to reapply the German medicine pricing regulation on medical cannabis. As the cannabis market is saturated and highly competitive, prices have dropped in pharmacies since the Narcotics Law was repealed. Should the bill be passed without further changes, medical cannabis would once again be subject to standardised pricing rules under the Arzneimittelpreisverordnung.
The third decision was to ban public advertising of medical cannabis. It would be a similar ban on advertising to consumers for only prescription medicines, but it would also apply to cannabis.
The Bundesrat rejects
Despite the majority’s opposition, proposals for a classification of mail-order sales of marijuana flowers as an administrative crime did not gain support.
It means that the controversial ban on online shopping, against which many industry groups have warned it could severely impact patient access in rural regions, will be left in its original format, with no additional enforcement measures.
Also, a motion at the state level and another proposal to create new mechanisms of oversight for verifying consultations in person were both rejected.
Next?
Note that the Bundesrat does not decide the final contents of the bill. Because the MedCanG amendment is classified as an ‘objection bill’ (Einspruchsgesetz) rather than a ‘consent bill’ (Zustimmungsgesetz), the upper chamber cannot block it outright.
Now, the adopted recommendations are sent to the Federal Government. Then they go to the Bundestag who has the primary legislative power. The Bundestag has the option to adopt or modify recommendations made by the Bundesrat, as well as ignore them completely.
The Bundesrat can either request a mediation committee or file a formal complaint if it is not satisfied with the final draft. In both cases the Bundestag has the right to override the Bundesrat’s decision by a majority vote.
This rejection will provide some relief to pharmacies, patients and delivery services in areas that are underserved. The Bundestag will continue to pass the bill as it is. However, mail-order restrictions are still in place.
The foreign prescription ban takes direct aim at offshore telemedicine operators, what industry sources have described as ‘middlemen’ largely detached from the German market. The provision could have a significant impact on business models based around EU prescribing platforms.
The advertising restrictions, meanwhile, target the aggressive marketing practices that have drawn political criticism and contributed to the government’s characterisation of the import surge as ‘abuse.’
The final legislation remains in doubt, as the SPD has indicated that it will continue to oppose the most restrictive aspects of the bill. Industry observers anticipate further amendments in the Bundestag’s deliberations. A final vote is not likely to take place before 2026.
The story is developing
Cannabis Law Resources for Poland
Discover essential legal information about the cultivation of cannabis, its sale, and regulations governing medical products in Poland. You can use these resources to learn about the requirements for certifications, permissions and compliance.
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Polish News Registration and Interests of Cannabis Businesses
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Permissions for Cannabis Sales in Poland
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Authorization for Importing or Manufacturing Medical Products
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Permission for Manufacturing or Importing Medical Products
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Certificate of Good Manufacturing Practices (GMP)
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Registration of Medical Products in Poland