Court Prohibits Online Prescription for Cannabis via Telemedicine
A recent ruling by the Munich District Court has put a halt to the online prescription of cannabis through telemedicine platforms, specifically targeting the Goeasy platform operated by the Munich-based Wellster Group. Goeasy allowed users to obtain cannabis prescriptions by completing a questionnaire, with pharmacies in Rhineland-Palatinate handling the dispatch of medications.
The case arose when the Apothekerkammer Nordrhein (Pharmacists' Chamber of North Rhine) conducted a test purchase on Goeasy and subsequently filed a lawsuit after an unsuccessful attempt to issue a warning against the service. The court's decision is explicit, forbidding Goeasy from advertising telemedical consultations aimed at issuing prescriptions for medical cannabis. Additionally, the platform is prohibited from forwarding prescriptions to affiliated pharmacies.
The court identified the service as a violation of the advertising ban for telemedical treatments, as stipulated in Section 9 of the German Healing Remedies Advertising Act (HWG). The court found that prescribing medical cannabis through remote consultations contradicts established professional standards. It deemed the prescription of potentially addictive substances to unknown individuals via telemedicine as unacceptable.
As part of the questionnaire, users are required to confirm their age (25 years or older) and disclose any pregnancy. They are presented with a range of conditions for which they seek treatment, including chronic pain, sleep disorders, ADHD, endometriosis, and Crohn's disease. The questionnaire also inquires about prior medical conditions with specific examples and asks for details regarding the duration and severity of symptoms and previous treatment attempts.
During the test purchase, the Pharmacists' Chamber noted that certain answers could initially eliminate the possibility of cannabis being prescribed; however, users could easily navigate back to change their responses, thus continuing the ordering process.
Moreover, the court cited a violation of the prescription assignment ban as per Section 11(1) of the German Pharmacy Act (ApoG). It noted that the platform refers to the terms and conditions of the Rhineland-Palatinate pharmacy, even when patients choose to receive prescriptions at home. The email address provided for potential pharmaceutical consultations also belonged to the pharmacy.
In its defense, Goeasy argued that prescriptions are not issued automatically. They claimed that besides the option to receive prescriptions online, users could also find a nearby physician. They maintained that each request is subject to review by a physician, who can initiate a video consultation if necessary. Goeasy contended that the forwarding of prescriptions to pharmacies is done at the patient's request, thus not constituting a transfer.