Source: German Cannabis Business Assoc
2026-04-27 | In a guest article for KrautInvest, attorney Kai-Friedrich Niermann analyzes three landmark rulings from March 2026 that significantly restrict the scope for the distribution of medical cannabis.
According to Niermann, the Federal Court of Justice (BGH) clarified that advertising for medical cannabis in relation to specific diseases is inadmissible and that only factual information remains permissible (case no.: I ZR 74/25). In another ruling (case no.: I ZR 118/24), the BGH found that treatments based solely on questionnaires do not meet recognized professional standards. As a result, advertising for such services is inadmissible. The clarification of the freedom to provide services within the EU was referred to the European Court of Justice (ECJ).
In addition, the Regional Court of Berlin II prohibited a pharmacy from cooperating with platforms that violate advertising bans (case no.: 101 O 47/23). Niermann warns that pharmacies may be held jointly liable for unlawful advertising by their cooperation partners. As no short-term relaxation of the Medical Cannabis Act (MedCanG) is expected, the expert urgently advises platforms to moderate their public presence and introduce mandatory video consultations in order to avoid legal risks and fines of up to €250,000.
At the same time, the Regional Court of Düsseldorf ruled that pharmacies must share liability for unlawful platform models such as “Dr. Ansay,” according to a press release by the North Rhine Chamber of Pharmacists. Since the business model would not function without supply by pharmacies, they are considered jointly responsible for legal violations of the platforms. Accepting such prescriptions without personal communication violates pharmacy operating regulations, as staff must counteract identifiable misuse of medicinal products.
