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| Johnny Green |

Medical Community Questions Legality Of MedCanG Amendment

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Cannabis is medicine. Those three words may sound simple and straightforward; however, it is a statement that medical cannabis advocates and patients have had to fight tirelessly to educate the wider public about over the course of several decades. That fight continues to this day, particularly in Germany, where cannabis opponents are trying to regress the nation’s medical cannabis policies.

One of the most important voices in the ongoing medical cannabis policy and regulation debate in Germany is the medical community itself. After all, who knows better about what works, what doesn’t work, and what impact changes to Germany’s MedCanG may have on the patient/doctor relationship than members of Germany’s medical professional community?

The German Association of Pharmaceutical Cannabinoid Companies (BPC) recently held a webinar discussing the proposed draft amendment to the German Medical Cannabis Act. The informational webinar featured presentations by members of Germany’s medical community. Representatives of the Bundestag and legal experts also participated.

“The webinar was prompted by the draft law amending the Medicinal Cannabis Act, which had been approved by the German Federal Cabinet and addresses key aspects such as telemedicine prescribing practices, mail-order pharmacies, and security of supply. The event aimed to provide a sound legal and medical analysis and to create a forum for fact-based, objective discussion.” BPC stated about the webinar in a press release (translated from German to English).

“Prof. Dr. Kirsten Müller-Vahl, a specialist in neurology and psychiatry at Hannover Medical School, provided a medical context for the draft legislation. She emphasized that medical cannabis is an established treatment option for many patients, particularly those with chronic conditions such as Tourette syndrome, pain, or spasticity.” the press release stated.

Dr. Müller-Vahl pointed out in her presentation that the only aspect of Germany’s modernized approach to medical cannabis regulation that has been a major change is switching cannabis-based medicines from no longer being subject to the Narcotics Prescription Ordinance. She pushed back on the concept of stigmatizing patients for using cannabis flower.

“It is a fatal misjudgment to dismiss cannabis flowers as ‘bad’ cannabis across the board. There are many sound medical reasons for prescribing cannabis flowers.” Dr. Müller-Vahl stated during the informational webinar.

“In her view, policymakers must clearly distinguish between medical care and recreational use and ensure that patients are not once again forced into self-medication and the black market.” BPC wrote in its press release.

“If local pharmacies don’t participate in the supply of cannabis flowers and mail-order pharmacies are prohibited, we have a real problem – especially for people who can’t travel 100 or 200 kilometers to the nearest pharmacy.” Dr. Müller-Vahl added.

“A legal opinion prepared by Hengeler Mueller assesses the mandatory in-person contact and the ban on mail-order medications as disproportionate infringements on the professional freedom of physicians and pharmacists under Article 12 of the German Basic Law.” BPC wrote, calling into question the legality of the amendments being considered by German lawmakers.

“The planned measures are neither constitutionally nor legally justified under European law and will “not lead to greater patient safety, but rather to less security of supply.”” BPC also wrote in its press release.


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