Bundesrat votes on restrictions to medical cannabis and maintains mail delivery

The German Bundesrat (legislative chamber) voted on November 21 in favor of significant restrictions on the prescription and distribution of medical cannabis. At the same time, the chamber rejected proposals to penalize the mailing of prescriptions, resulting in a mixed outcome that offers relief and concern for the sector.

During the plenary session, the upper house adopted three key amendments to the Medical Cannabis Act (MedCanG). The measures target foreign prescriptions, price inconsistencies, and advertising practices that have fueled the market's explosive growth.

Bundesrat approvals on medical cannabis

Members supported changes aimed at strengthening regulatory oversight. Firstly, the Bundesrat clarified that prescriptions from EU, EEA, and Swiss doctors will not be recognized for medical cannabis use.

This provision aims to ensure that all prescriptions meet the legal requirement of a personal consultation between doctor and patient. German authorities claim they cannot verify this condition in prescriptions issued abroad.

Secondly, members approved the reapplication of Germany's drug pricing regulation. Since medical cannabis was removed from the Narcotics Act, pharmacies have lowered prices due to market saturation and competitiveness.

If the bill is passed without changes, the product will once again be subject to the rules of the Drug Price Regulation Act (Arzneimittelpreisverordnung). Lastly, the chamber approved the ban on public advertising, aiming to curb the rapid growth of online platforms promoting easy access to treatment.

Rejections and impact on medical cannabis distribution

Critically, proposals to classify the distribution of medical cannabis flowers by mail as an administrative offense did not receive majority support. This means the ban on mail-order sales remains in its original form, without additional monitoring mechanisms.

Sector groups warned that the measure would devastate patient access in rural areas. A separate proposal to establish new supervision mechanisms to verify in-person consultations was also rejected, as well as a motion at the state level.

Next legislative steps for medical cannabis

The Bundesrat's position does not determine the final content of the bill. As the MedCanG amendment is classified as an "objection bill," the upper chamber cannot completely block it.

The recommendations now go to the Federal Government and then to the Bundestag, which holds legislative authority. The parliament can adopt, modify, or entirely disregard the recommendations on medical cannabis.

The rejection of penalties for mail-order sales offers temporary relief for pharmacies and patients relying on delivery. However, the underlying restrictions in the bill remain intact and will continue to progress.

The ban on foreign prescriptions targets offshore telemedicine operators, described as "intermediaries" outside the German market. If implemented, the measure could impact business models based on EU platforms.

With the SPD showing resistance to the stricter elements, the final form of the legislation remains uncertain. Observers expect new amendments in the Bundestag, making a final vote on medical cannabis unlikely before 2026.

With information from Businessofcannabis