The German Cannabis Business Association
On 2025-08-14 (File no.: 6 W 108/25), the Higher Regional Court of Frankfurt ruled that a pharmacy is liable if it participates in a platform model for medical cannabis that restricts patients’ free choice of pharmacy. The decision is final.
Background: Through the telemedicine platform “Q”, patients can obtain online prescriptions for medical cannabis. The platform offers a “premium service” in which the pharmacy is automatically selected by the platform, while patients could theoretically also choose a pharmacy themselves. In practice, however, the premium service is heavily favored through technical presets, the design of the ordering process, and references to fast delivery, effectively steering patients toward the platform’s partner pharmacy.
The court found that this violates § 11 para. 1 ApoG, as patients’ freedom to choose their pharmacy is impaired. The participating pharmacy is liable as a collaborator. The complaint was upheld in favor of the unnamed applicant: the pharmacy may not enter into agreements with the platform that involve preferential delivery of certain medicines, otherwise fines or imprisonment may be imposed.
The ruling underscores pharmacies’ legal responsibility when cooperating with telemedicine platforms and the strict observance of regulations on free pharmacy choice.
