Germany’s controversial Medical Cannabis Bill quietly entered the most crucial phase as Trump’s rescheduling Executive Order dominated cannabis industry attention during the holidays.
Germany’s Bundestag conducted the first-reading of a crucial amendment on the 18th of December, the day after the US President announced his unexpected executive order. This will determine the fate of Germany’s near-billion euro medical marijuana industry.
The medical cannabis amendment will be presented to the Bundestag on 14 January by 22 expert witnesses following the short but fraught 20 minute debate.
While the second and third readings of the bill are not expected until Spring 2026, potentially terminal cracks are already appearing in between the ruling coalition parties, and the ‘asymmetry’ of the bill’s contents.
‘Struck’s Law Applies’
This cracking may prove crucial. Carmen Wegge of the SPD, SPD spokesperson on legal issues and cannabis policy, referred to an important reality in German parliament when she invoked ‘Struck’s Law’, the principle coined by former SPD leader Peter Struck, which states that ‘no law leaves the Bundestag the way it came in.’
It is clear that the current bill will be amended, in part because it has structural problems.
The bill currently proposes to impose in-person visits for all patients who see German doctors. Telemedicine platforms, however, that use prescribing physicians from abroad, are not affected. This regulatory contradiction, say experts, is neither legally justifiable under EU law nor practically enforceable.”
“This regulatory asymmetry, which requires in-person consultations for German doctors while allowing EU telemedicine prescriptions, raises serious questions under EU law, particularly concerning the free movement of services,” Dr. Sebastián Marincolo, Director of Strategic Content & Editorial at weed.de, You can tell them by clicking on the link MEDCAN24.
“This imbalance could place domestic providers at a distinct disadvantage – a situation that would be difficult to justify under the EU’s proportionality tests.”
These structural tensions already demonstrate ‘Struck’s Law“Taking effect. After Cabinet approval was given in October 2025 the Bundesrat suggested that EU prescriptions be banned on 21 November to avoid enforcement gaps.
Then on December 3, the Federal Government rejected this proposal, citing EU law obligations a decision that created the regulatory ‘asymmetry’ now threatening the bill’s viability.
The coalition revolt has emerged
First reading of the bill on 18 December exposed deep fractures among the ruling coalition. Nina Warken, the Health Minister, supported the draft, by pointing out a 400% increase in medical cannabis imported, which jumped from 19 to 80 tonnes in the first six months of 2025. She argued that this showed widespread abuse, rather than legitimate need.
The SPD, who were the architects of this act under the previous government, have made it abundantly clear that they are opposed to the changes.
Matthias Mieves, speaking for the SPD parliamentary group, told the Bundestag: “The current draft would also seriously harm ill people who depend on medical cannabis… The SPD will not abandon people who depend on a secure supply.”
Problems with enforcement
If an agreement is reached by spring, experts in law have raised questions as to whether or not the bill will be enforced if approved.
Kai-Friedrich Niermann, a regulatory expert and lawyer, warned in late November that the legislation risks becoming a ‘paper tiger, creating bureaucratic hurdles that are difficult to control in reality.’
The problem centres on pharmacies, which remain ‘key players within the entire distribution chain’ but lack the means to verify compliance.
What is the best way for a pharmacy to tell if this is a first prescription from a doctor in your area or an annual prescription? If it’s a repeat online prescription from the same doctor? Does a prescription coming from an EU country comply with the recently introduced provisions? Niermann questioned.
Bundesrat tried to fix this issue by suggesting a ban on EU-prescriptions. However, the Federal Government rejected that recommendation as it was incompatible EU law. The alternative, Niermann noted, would require enabling pharmacies to examine confidential patient records ‘in order to determine whether the regulations on on-site and follow-up prescriptions have been complied with’.
This is difficult, of course to reconcile, with data protection, the right to inform self-determination and constitutional concerns,” said Mr. Abrams.
Niermann said, “The question that is crucial to answer here is how far does the pharmacist have an obligation to examine the prescription? And whether or not this could lead him into criminal responsibility.” In conclusion, he said that pharmacies are only required to reject prescriptions when there is a “justified suspicion” of drug abuse.
He warned that it was possible for the new law to have little or no impact, particularly if foreign telemedicine platforms continue operating as they did before.
Germany’s controversial Medical Cannabis Bill quietly entered the most crucial phase as Trump’s rescheduling Executive Order dominated cannabis industry attention during the holiday season.
Germany’s Bundestag conducted the first-reading of a crucial amendment on the 18th of December, the day after the US President announced his unexpected executive order. This will determine the fate of Germany’s near-billion euro medical marijuana industry.
The medical cannabis amendment will be presented to the Bundestag on 14 January by 22 expert witnesses following the short but fraught 20 minute debate.
While the second and third readings of the bill are not expected until Spring 2026, potentially terminal cracks are already appearing in between the ruling coalition parties, and the ‘asymmetry’ of the bill’s contents.
‘Struck’s Law Applies’
This cracking may prove crucial. Carmen Wegge of the SPD, SPD spokesperson on legal issues and cannabis policy, referred to an important reality in German parliament when she invoked ‘Struck’s Law’, the principle coined by former SPD leader Peter Struck, which states that ‘no law leaves the Bundestag the way it came in.’
It is clear that the current bill will be amended, mainly because it has structural problems.
The bill currently proposes to impose in-person visits for all patients who see German doctors. Telemedicine platforms, however, that use prescribing physicians from abroad, are not affected. This regulatory contradiction, say experts, is neither legally justifiable under EU law nor practically enforceable.”
“This regulatory asymmetry, which requires in-person consultations for German doctors while allowing EU telemedicine prescriptions, raises serious questions under EU law, particularly concerning the free movement of services,” Dr. Sebastián Marincolo, Director of Strategic Content & Editorial at weed.de, You can tell them by clicking on the link MEDCAN24.
“This imbalance could place domestic providers at a distinct disadvantage – a situation that would be difficult to justify under the EU’s proportionality tests.”
These structural tensions already demonstrate ‘Struck’s Law“Taking effect. After Cabinet approval was given in October 2025 the Bundesrat suggested that EU prescriptions be banned on 21 November to avoid enforcement gaps.
Then on December 3, the Federal Government rejected this proposal, citing EU law obligations a decision that created the regulatory ‘asymmetry’ now threatening the bill’s viability.
The coalition revolt has emerged
The first reading on December 18, along with these structural differences, exposed the deep divisions in the coalition. Nina Warken, the Health Minister, supported the draft, by citing a 400% increase in medical cannabis imported, which jumped from 19 to 80 tonnes in the first six months of 2025. She argued that this showed widespread abuse, rather than legitimate need.
The SPD, who were the architects of this act under the previous government, have made it abundantly clear that they are opposed to the changes.
Matthias Mieves, speaking for the SPD parliamentary group, told the Bundestag: “The current draft would also seriously harm ill people who depend on medical cannabis… The SPD will not abandon people who depend on a secure supply.”
Problems with enforcement
If an agreement is reached by spring, experts in law have raised questions as to whether or not the bill will be enforced if approved.
Kai-Friedrich Niermann, a regulatory expert and lawyer, warned in late November that the legislation risks becoming a ‘paper tiger, creating bureaucratic hurdles that are difficult to control in reality.’
The problem centres on pharmacies, which remain ‘key players within the entire distribution chain’ but lack the means to verify compliance.
How can a pharmacist determine if it’s a local prescription or if the prescription is yearly? If it’s a repeat online prescription from the same doctor? Does a prescription coming from another EU nation comply with the recently introduced provisions? Niermann asked.
Bundesrat tried to resolve this problem by proposing a total ban on EU prescriptions. The Federal Government, however, rejected the proposal as being incompatible with EU laws. The alternative, Niermann noted, would require enabling pharmacies to examine confidential patient records ‘in order to determine whether the regulations on on-site and follow-up prescriptions have been complied with’.
This is problematic in terms of data protection, the right to inform self-determination and constitutional rights.
Niermann argued that “the crucial question” is how far the pharmacy’s duty to examine the prescription extends and whether there are criminal consequences. In conclusion, he said that pharmacies are only required to reject prescriptions when there is a “justified suspicion” of drug abuse.
It is possible, therefore, that the amended law will not have any effect. This could be especially true if overseas telemedicine platforms operate in the same way as they do now.
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 certification, 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