Germany: Joint interpretation by the KBV and National Association of Statutory Health Insurance Funds clarifies prescriptions of cannabis extracts; medical cannabis flowers are now a matter for the social courts

Joint interpretation by the KBV and National Association of Statutory Health Insurance Funds clarifies prescriptions of cannabis extracts; medical cannabis flowers are now a matter for the social courts

© KBV / GKV-Spitzenverband

2026-08-06 | The National Association of Statutory Health Insurance Physicians (KBV) and the National Association of Statutory Health Insurance Funds (GKV-Spitzenverband) have published a joint interpretation of the new rules governing cannabis prescriptions, which have applied since the GKV Contribution Rate Stabilization Act entered into force on 30 July. Since that date, cannabis flowers may no longer be prescribed at the expense of statutory health insurance funds. Switching affected patients to extracts or compounded preparations requires renewed approval from the health insurance fund unless the treating physician is exempt from the approval requirement (e.g. specialists in general medicine or neurology).

The statutory six-month treatment trial with an approved finished medicinal product applies only to indications for which such a product is actually approved. If no approved medicinal product exists for the respective disease, extracts or other preparations may be prescribed immediately. A treatment trial may also be discontinued early in cases of intolerance or lack of efficacy, without requiring a second finished medicinal product to be tested. Existing therapies with extracts or compounded preparations may be continued without a subsequent treatment trial.

Medical cannabis patients who wish to continue seeking reimbursement for medical cannabis flowers from statutory health insurance funds may consult specialist attorneys for social law. Court costs at the social courts are lower for plaintiffs than at other courts. Where applicable, costs may be covered by legal expenses insurance (if available), social welfare associations (membership required), or state-funded legal aid.