This week, Germany’s Federal Cabinet approved a measure that would amend the Medical Cannabis Act (MedCanG). The measure was drafted by the Federal Ministry of Health (BMG), and per a government press release, includes the following changes (translated from German to English):

• In the future, medical cannabis can only be prescribed after personal contact between the patient and the doctor, either in the doctor’s office or during a home visit. This requires consideration of the patient’s health status, individual illnesses, and other medications being used, which generally requires a careful medical history and physical examination. Furthermore, ongoing information about the risk of addiction and possible physical or psychological consequences of consumption, which can change depending on the extent and duration of consumption, is required.
• For follow-up prescriptions, a face-to-face consultation is required every four quarters, with the previous contact within that period being related to the prescription of cannabis for medical purposes. Under this condition, a prescription may also be made via telemedicine in the following three quarters.
• The mail-order option for medicinal cannabis is excluded, as there are comprehensive information and consultation obligations that must be provided during a personal consultation at the pharmacy. Pharmacies’ delivery services remain unaffected.

The Federal Cabinet’s approval does not automatically move the changes forward. Rather, the measure will now be considered by relevant committees in the Bundestag and requires a majority of votes in the legislative body before it can proceed. The SPD parliamentary group has expressed direct opposition to the changes.

“Patients with serious illnesses, in particular, are particularly dependent on the responsible use of digital forms of care.” Matthias Mieves, deputy health policy spokesperson for the SPD parliamentary group in the Bundestag stated, according to local reporting by krautinvest.

Christo Pantazis, health policy spokesperson for the SPD parliamentary group in the Bundestag, Carmen Wegge, spokesperson for legal affairs and consumer protection for the SPD parliamentary group in the Bundestag, and SPD health politician Serdar Yüksel have all spoken out publicly against the changes, according to krautinvest’s reporting.

Members of the SPD parliamentary group are not the only ones pushing back on the Federal Cabinet’s recent move. Several medical cannabis patient and industry advocacy organizations have also published statements against the changes.

“The path taken by the federal government is wrong. We need telemedicine and delivery options for patients, as well as model projects to enable legal access for consumers,” said German Cannabis Business Association (BvCW) President Dirk Heitepriem.

“We ask the federal government to pave the way for scientifically supported model projects. With these, we can test practical solutions that both protect consumers and curb illegal trade. They are the key to fact-based regulation,” added BvCW Managing Director Michael Greif.

BvCW recently published an updated position paper on medicinal cannabis, which calls for the following (among other things):

• Support for telemedicine services
• Stronger enforcement of the Medicinal Products Advertising Act (HWG) instead of stricter laws
• Equal treatment of medical cannabis flowers and cannabis extracts compared to finished medicinal products containing cannabinoids
• Introduction of recourse protection for reimbursement of costs involving the Medical Service
• Proportionate and medically justified maximum limits in the agreements of the associations of statutory health insurance physicians

Leading German cannabis policy expert attorney Peter Homberg of gunnercooke also issued public criticisms regarding the planned changes to the Medical Cannabis Act (MedCanG) by German Health Minister Nina Warken (CDU).

“These planned changes are very drastic and could even jeopardize the BMG’s goal of a safe drug supply rather than improve it. In particular, severely ill patients and people in rural areas could be significantly disadvantaged.” Mr. Homberg wrote in an insightful and thorough op-ed published by LTO (translated from German to English).

“The requirement for in-person medical consultation represents a restriction on remote treatment and leads to a ban on exclusively remote treatment. The Federal Ministry of Health argues that, due to the risks and side effects associated with medical cannabis, in-person medical consultation is sensible and necessary. However, the ministry overlooks the fact that strict rules for medical treatment already exist in Germany, which also apply to telemedicine treatments.” Mr. Homberg also wrote.

A petition has been started that medical cannabis advocates in Germany are being encouraged to sign. The petition calls on the Bundestag “to halt the planned changes to the medical cannabis law” and to “protect the right to accessible medical care for everyone.”

“This violates the principle of equality and creates a two-tier healthcare system: Those who live in the city and have money receive help – those who live in the countryside or have little money are left behind.” the petition states (translated from German to English).

“Health is a fundamental right. Those who are sick need help – not new hurdles.” the petition also states. “Please support this petition with your signature. Together we can ensure that important treatments remain accessible to everyone – fair, safe, and modern.”