For years, the assumption in the German cannabis market was clear: if a prescription came through an online platform — usually operated from abroad — the risk lay with the telemedicine provider, not the pharmacy. That legal comfort zone has now been shattered.
A new legal opinion commissioned by the Association of Cannabis Dispensing Pharmacies (VCA) warns that German pharmacies could face criminal liability for filling prescriptions issued through such platforms, especially when based solely on online questionnaires.
The VCA Rings the Alarm – Protecting Its Own Members
The VCA isn’t a neutral body — it was founded by private pharmacy operators looking to establish a foothold in the growing medical cannabis market. With competition heating up and legal uncertainty growing, the VCA commissioned the legal report to clarify risks for its members — and likely to distance itself from legally dubious practices.
The conclusion is clear: Prescriptions generated via online forms without a real doctor-patient consultation violate German medical law. If pharmacies fill such prescriptions, they risk criminal charges for distributing cannabis without a valid prescription under §3 of the Medical Cannabis Act (MedCanG).
The Old Assumption: “It’s the Platform’s Problem”
Until now, many players in the ecosystem took comfort in a legal grey zone. The platforms issuing prescriptions often operate from other EU countries, placing them out of easy reach of German regulators. As long as a medical doctor’s signature appeared on the prescription, pharmacies felt insulated from legal consequences.
But recent court action — most notably a decision from the Regional Court of Munich I — challenges that thinking. The court ruled that prescribing medical cannabis via telemedicine alone does not meet “recognized medical standards.” Though full reasoning is still pending, the direction is clear: telemedical cannabis prescriptions may be deemed invalid, leaving pharmacies exposed.
At the same time, regional pharmacy chambers — such as North Rhine’s — are now actively taking legal action against platforms and the pharmacies that work with them.
What Pharmacies (and Platforms) Must Now Consider
If these interpretations hold, pharmacies will need to implement strict due diligence before dispensing medical cannabis. Critical questions include:
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Was there a real physician-patient interaction?
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Was the diagnosis medically justifiable?
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Is the prescription based on recognized medical practice?
Prescriptions based solely on online questionnaires — without a physical or telemedical consultation — do not qualify as a medical treatment under German medical law. Dispensing cannabis based on such a document could now trigger legal prosecution.
Implications for International Startups and Investors
For international platforms and investors eyeing Germany, this is a clear warning shot. Models built around fast-track, questionnaire-based prescriptions now carry direct legal risk for their German pharmacy partners. This could make such partnerships unattractive or even unviable moving forward.
It’s no longer enough to hire a remote doctor and launch a prescription flow — startups must now demonstrate real medical oversight and ensure legal compliance on German soil.
Bottom Line
The business model of “click-to-prescribe, ship-to-door” is rapidly losing ground in Germany. This legal opinion signals a shift in liability — from hard-to-reach platforms toward local pharmacies.
The message is clear: If you want to sell medical cannabis in Germany, you need more than a doctor’s signature. You need a compliant system, real medical accountability, and pharmacy partners who don’t want to risk their licenses.
The era of checkbox medicine is over? Lets wait, meanwhile lets make the industry better. If you need a good IT system, reach out to us.
