AKNR Takes Legal Action Against Online Cannabis Prescription Platforms

The Apothekerkammer Nordrhein (AKNR) has initiated legal proceedings against an online platform that facilitates the prescription of cannabis, with a court ruling anticipated in March. This decision may significantly impact the accessibility of medical cannabis through pharmacies in Germany.

On April 1, 2024, cannabis was legalized in Germany under strict regulations, aiming to reduce the black market and protect consumers from harmful additives and contamination. The initiative was part of the previous government's efforts to curb organized crime by eliminating its revenue sources. The law established two primary channels for obtaining legal cannabis: non-commercial cultivation in Cannabis Social Clubs and personal cultivation at home.

However, Cannabis Social Clubs face rigorous requirements to obtain operational licenses, leading to accusations that regional authorities are deliberately prolonging the approval processes. According to the Dachverband Deutscher Cannabis Social Clubs, there are currently only 106 authorized cultivation clubs throughout Germany, each limited to 500 members, thereby restricting their ability to meet the demand for legal cannabis. Current estimates suggest that only about 53,000 individuals can be served through these clubs, while data from the Federal Ministry of Health indicates that approximately 4.5 million adults in Germany consumed cannabis at least once in the previous year.

Given the limited supply from Cannabis Social Clubs and the challenges associated with personal cultivation, many consumers find it increasingly difficult to access legal cannabis. This situation is further complicated by the controversial nature of the cannabis legislation.

Interestingly, the legalization of cannabis has led to the emergence of questionable practices, as the drug is no longer classified as a narcotic. This change allows physicians to prescribe medicinal cannabis through private prescriptions, prompting some individuals to seek medical cannabis for recreational purposes.

Platforms such as 'Dr. Ansay' have capitalized on this loophole, offering cannabis prescriptions with minimal requirements. Users typically only need to complete a questionnaire that may include questions about sleep disorders, which raises concerns about the legitimacy of these services. These platforms often resemble online shops rather than legitimate telemedicine providers.

The legality of these services is under scrutiny, with the AKNR reporting that it has already issued warnings to several such platforms. Recently, a civil lawsuit commenced at the Hamburg District Court against one of these online prescription services.

Bettina Mecking, CEO and legal counsel for the AKNR, along with attorney Morton Douglas, argues that the promotion of 'cannabis on prescription' violates both the Medicines Advertising Act and the Act Against Unfair Competition. They contend that the simplified questionnaire does not adhere to the medical standards required for a legitimate telemedical consultation.