BGH to Discuss Advertising for Prescription Medical Cannabis - German Court to Rule on Medical Cannabis Advertising in Landmark Case

Germany's Federal Court of Justice (BGH) will examine a case on medical cannabis advertising this week. The hearing, scheduled for Thursday at 10:00 AM, follows an appeal by an online booking platform accused of unlawful promotions. The case highlights ongoing tensions between commercial services and strict advertising rules for prescription cannabis.

The dispute began when the German Competition Authority took action against an online appointment-booking platform. This service connects patients with doctors willing to prescribe medical cannabis. It operates within a corporate group that includes a pharmaceutical wholesaler and an online pharmacy.

The Higher Regional Court of Frankfurt am Main previously ruled that some of the platform's advertisements were illegal. Judges found the promotions pressured patients into seeking cannabis prescriptions. The platform has since appealed, leading to the BGH review under case number I ZR 74/25.

Medical cannabis has been legal in Germany since 2017, when the Medicinal Products Act was amended. However, advertising remains banned under § 74 AMG for prescription-only substances. Recent changes include the 2024 CanG law, which partially legalised recreational use but kept strict ad bans for medical cannabis. The 2022 BfArM reforms also simplified prescribing by removing narcotics classification and streamlining approvals.

Meanwhile, the government is tightening rules further. New regulations will ban first-time cannabis prescriptions via telemedicine consultations. Political efforts, such as the 2023/2024 Ampel coalition's reforms, aim to improve health insurance reimbursement but leave advertising restrictions unchanged.

The BGH's decision could set a precedent for how medical cannabis services advertise in Germany. If the ruling upholds the Frankfurt court's findings, platforms may face stricter limits on patient outreach. The case also comes as regulators prepare to enforce tougher prescribing rules for telemedicine.