Germany's medical cannabis bill could fail EU law, an expert says
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Germany wants to tighten the rules for medical cannabis. The government’s bill would allow a first prescription for cannabis flowers only after a personal visit to a doctor, and it would ban mail-order sales of those flowers. A legal opinion now argues that both measures could fail under EU law. The bill is still in committee in the Bundestag.
What the bill would change
Bill 21/3061 amends the Medical Cannabis Act (Medizinal-Cannabisgesetz, MedCanG). Under the draft, a doctor could issue a first prescription for cannabis flowers only after personal contact with the patient, either in the practice or during a home visit. The draft also bans mail-order supply of cannabis flowers to patients.
Sources: Bundestag, Drucksache 21/3061 (3 December 2025) and Hanf Magazin, 23 October 2026: legal opinion on the MedCanG amendment.
What the legal expert says
Franziska Katterbach, a lawyer at Fieldfisher Germany, has written a legal opinion on both measures. As Hanf Magazin reports it, her main points are:
- Patients could receive treatment in another EU country, where the German rule does not apply. She argues that the law would shift behaviour rather than stop it, which conflicts with the principle of consistency.
- The bill bans posting a product that a doctor prescribes and a pharmacy dispenses, while private home growing stays largely uncontrolled. She asks why the risk of misuse would justify one measure but not the other.
This is an expert opinion, not a court ruling.
Where the bill stands
The bill was introduced on 3 December 2025 and referred to the Health Committee on 18 December. A public hearing took place on 14 January 2026. As of the Hanf Magazin report on 23 October 2026, the committee has not adopted a recommendation, and no date is set for further readings. A bill does not change the law until it is passed.
- Bill 21/3061 introduced in the Bundestag (3 December)
- Referred to the Health Committee (18 December)
- Public hearing in the Health Committee (14 January)
- Legal opinion says both measures could conflict with EU law; no committee recommendation yet
What the bill does not change
The bill concerns medical cannabis only. It does not change the adult rules under the Cannabis Act (KCanG). For those rules, read our guide Germany’s cannabis law: what adults may do.
- GermanyLegalMedical cannabis is prescribed under the MedCanG. Bill 21/3061 would tighten prescriptions and mail-order supply. It is still in committee.
