Source: German Cannabis Business Assoc
26-02-05 | The Wettbewerbszentrale states that on 26-02-12 the Federal Court of Justice (Bundesgerichtshof, BGH) will hear oral arguments in a landmark case on the permissibility of information about medical cannabis (case no. I ZR 74/25). The issue is the boundary between permissible public information and impermissible advertising for prescription-only medicines to non-professionals.
The proceedings stem from an action brought by the Wettbewerbszentrale against the operator of a platform that arranged treatment appointments with cooperating cannabis doctors. Users could reportedly indicate already in an online enquiry that they wished to pursue therapy with medical cannabis. The platform also published extensive information on indications and contributed to doctors’ fees. The Wettbewerbszentrale saw this as violating medicinal advertising law, professional law and competition law.
The Frankfurt am Main Regional Court (Landgericht Frankfurt am Main) partially upheld the claim but denied an advertising violation. The Frankfurt am Main Higher Regional Court (Oberlandesgericht Frankfurt am Main) reversed this and classified the content as impermissible advertising. The BGH must now clarify whether even general information about medical cannabis falls under the advertising ban.
