The era of unregulated online advertising for medical cannabis seems to be over. With a preliminary injunction, the Hamburg Regional Court (LG) has put the DrAnsay platform and its operator, Can Ansay, in check. The North Rhine Chamber of Pharmacists (AKNR) filed a lawsuit – and won. This marks the beginning of a new phase in the market, where companies must adapt. The key question is: Will platforms and providers now face mass cease-and-desist orders, or will this lead to adjustments in business models?
Court Emphasizes the Need for Personal Doctor-Patient Contact
A key aspect of the ruling is the clear distinction between legitimate medical consultation and commercial interests. The judges emphasized that a medical prescription for cannabis must not be issued without a personal consultation. This serves to protect patients, as cannabis can have not only positive effects but also health risks.
The operators of “Dr Ansay” argued that their content was neutral information rather than advertising. However, the court rejected this claim, stating that the commercial aspect of selling medical cannabis was clearly the main focus. As a result, the telemedicine platform was classified as a purely promotional tool for the prescription and distribution of cannabis.
The Verdict and Its Impact
The preliminary injunction from the Hamburg Regional Court prohibits DrAnsay from continuing to advertise with slogans such as “Get Cannabis + Prescription easily, quickly & cheaply” or “Order Cannabis, Prescription & AU Certificate online, easily, quickly and cheaply, with or without a doctor’s consultation.” The background to this ruling is the German Drug Advertising Act (HWG), which prohibits both advertising for telemedical treatments and public advertising for prescription drugs. Particularly noteworthy: The platform is officially registered in Malta but remains legally vulnerable.
The court ruled that a personal contact between doctor and patient is necessary, especially for medical cannabis. The risks of misuse, addiction, and side effects are too significant to allow telemedical prescriptions without strict oversight. Furthermore, since cannabis is a prescription drug, it is subject to the strict advertising restrictions under Section 10 of the HWG.
Consequences for the Industry
The ruling sets a precedent for other platforms and business models. Until now, the market for online cannabis prescriptions has been lucrative but legally uncertain. Many providers may now attempt to relocate their headquarters abroad or explore alternative marketing channels. A cat-and-mouse game with regulators could ensue, where new advertising strategies are tested and challenged legally.
However, other options exist: Some companies may adjust their business models and attempt to continue offering cannabis prescriptions through indirect information campaigns, patient education, or collaborations with medical networks.
What Does the Ruling Mean for Similar Platforms?
The ban on Dr Ansay’s advertising practices could serve as a warning for other providers. The court ruling makes it clear that telemedicine in Germany is subject to strict regulations and is not suitable for every form of treatment. Particularly for medications with high abuse potential, such as cannabis, personal doctor-patient contact remains crucial.
Platforms that offer telemedical cannabis prescriptions without direct medical examinations risk facing legal action as well. Pharmacists’ chambers and other regulatory authorities may now increase their efforts to take action against similar providers.
Will Regulators Find a Sustainable Solution?
Lawmakers face the challenge of enabling fair competition while ensuring medical safety. While online services often provide patients with quick and easy access to cannabis prescriptions, the question remains of how to create a safe and regulated prescription process.
This decision shows that health authorities are ready to take decisive action. Whether this will permanently halt the business model of online platforms or merely lead to more creative solutions remains to be seen. What is certain, however, is that the medical cannabis market is facing increasingly stringent regulations, and providers must adapt to a new reality.
