Germany Federal Council adopts amendments to the MedCanG amendment bill
Source – German Cannabis Business Assoc Newsletter
In its 1059th session on 2025-11-21, the Federal Council adopted a three-point resolution regarding the draft of the First Act Amending the Medical Cannabis Act (agenda item 35). With regard to the planned bans on online prescribing and shipping of medical cannabis flowers, the Federal Council calls for the following changes:
- Foreign prescriptions for medical cannabis should be made impossible in order to improve the enforceability of the planned presence requirement.
- Medical cannabis should be clearly subjected to the German Drug Price Ordinance, as the removal from the Narcotics Act (BtMG) has led to an undesirable price competition.
- Advertising outside of professional circles should be explicitly prohibited because some online platforms have engaged in aggressive consumer advertising that could appeal particularly to young people.
The committee’s proposal to classify the shipping of medical cannabis as an administrative offense, as well as proposals for new surveillance mechanisms, did not achieve a majority. A counter-motion submitted by Thuringia was also rejected.
The video of the vote can be found here. The first reading of the bill in the Bundestag is expected in December.
Details from the debate: Pro position – Bavaria supports strict restrictions
Bavarian State Minister Judith Gerlach (CSU) expressed full support for the draft law. She emphasized that the amendment was necessary to counteract negative trends in cannabis consumption.
Key arguments by Minister Gerlach:
- Misuse problem: A negative trend had emerged in which recreational users were obtaining medical cannabis through improper online prescriptions without consulting a physician.
- Health risks: Medical cannabis carried health risks such as triggering psychosis and adverse effects on brain development in young people.
- Lack of authorisation: The safety of medical cannabis use was not guaranteed by an official authorization procedure or clinical evidence.
- Proposed solution: In-person contact between doctor and patient would enable better assessment and reduce risks.
- Supply security: The needs of patients who truly rely on medical cannabis would remain protected. Home visits would remain possible, and community pharmacies could continue home delivery via courier services.
Contra position – Thuringia criticizes restrictions on patient care
In its motion (Drucksache 555/2/25 (new)), Thuringia acknowledged the need to curb misuse but argued that the planned measures were excessive.
Key arguments of the Thuringian motion:
- Excessive measures: The strict requirement for in-person contact for every prescription and the complete ban on shipping cannabis flowers went beyond what was objectively necessary.
- Deterioration of care: These measures would weaken established care structures and, given the shortage of physicians in rural and underserved areas, result in a de facto decline in patient care.
- Risk of displacement: Chronically ill and mobility-restricted patients might turn to uncontrolled, unregulated sources due to lack of accessible legal alternatives, strengthening unwanted parallel markets.
Alternative proposal: Regulated telemedical prescriptions for follow-up prescriptions should be permitted, tied to qualified identity verification and full digital documentation. In addition, controlled shipping with quantity limits, identity verification upon delivery, and digital tracking should be allowed. Personal doctor-patient contact should remain mandatory for first-time prescriptions.
