Cannabis Telemedicine in Germany: Navigating the Legal Landscape

The provision of medical cannabis through telemedicine services creates new opportunities for patients. At the same time, it presents providers, platforms and treating physicians with complex legal requirements.

Margret Knitter, LL.M., Partner at SKW Schwarz, has analysed the key developments in a contributed article for the US-based trade publication Cannabis & Tech Today.

The article focuses on the requirements for prescribing medical cannabis via telemedicine, physicians’ professional independence and the specific requirements applicable to cross-border services within the European Union.

Advertising law is of particular importance. Under Section 9 of the German Healthcare Advertising Act (HWG), advertising for remote treatment is generally permitted only under certain conditions. In addition, Section 10 HWG generally prohibits advertising prescription-only medicines to the general public, including medical cannabis. Broad promises of a straightforward online prescription may therefore give rise to legal risks.

Planned amendments to the German Medical Cannabis Act could also have a significant impact on the industry. Among other things, they would require in-person consultations before prescribing cannabis flowers and introduce restrictions on mail-order dispensing. The amendments have not yet been adopted.

In her full article in Cannabis & Tech Today, Margret Knitter explains the requirements applicable to telemedicine-based medical cannabis services in Germany, outlines the key legal developments and discusses their implications for providers and platforms.