The increasingly blurry lines between Germany’s medical and recreational cannabis markets are continuing to cause conflict among lawmakers and industry stakeholders ahead of the upcoming general election.
Bedrocan, one of the largest producers of medical cannabis flower for the German market, recently weighed in on the contentious issue, calling for stricter regulation of the flourishing medical cannabis industry.
In an open letter to the German government and healthcare professionals, the Dutch pharmaceutical company argued that the recent ‘increase in legal violations by some commercial providers’ has ‘damaged the reputation of cannabis as a legitimate medicine.’
As the CDU/CSU and the AfD continue to extend their poll lead weeks ahead of the February 23rd election, the interjection of one of the industry’s biggest players could legitimise these parties’ calls for a rollback on cannabis policy.
What happened?
Since cannabis was removed from the list of narcotics on April 01, 2024, the German medical cannabis industry has seen sustained and transformative growth.
In the third quarter of 2024, medical cannabis imports grew by over 70% compared to the previous period, the first full three months in which Germany’s sweeping cannabis reforms were put into place.
Overall imports of cannabis for medical and medical-scientific purposes in the form of dried flowers (in kg ) grew to 20.1 tonnes in Q3, a 71.9% rise on Q2 2024, and a 140% increase on the same period a year earlier.
While many businesses have hailed this growth as a major success, others have raised concerns that the ease of access to medical cannabis has transformed the industry into a ‘recreational market in medical clothing.’
Numerous articles in major German publications have laid out just how easy it is for almost anyone to secure a prescription online within minutes.
Other commentators have suggested that the market has become a ‘de facto recreational’ market that the traffic light coalition initially promised.
‘Potential abuse’ of the healthcare system
In its letter, Bedrocan notes that while these changes have ‘improved patient care and reduced bureaucracy for doctors and pharmacies—achievements that must be preserved,’ they have also driven a major increase in demand for adult-use cannabis.
The legalisation of self-cultivation and the launch of cannabis cultivation associations have failed to meet this demand, ‘leaving a significant share of the market supplied through medical channels and the black market’.
“While telemedicine fills some supply gaps, certain providers exploit the increased demand by prescribing cannabis without adequate medical history or diagnosis, neglecting their duty of care and violating the Therapeutic Products Advertising Act. This not only damages the reputation of cannabis-based medicines but also endangers thousands of patients through inadequate care and treatment,” it continued.
Looking ahead to the new government, which looks increasingly likely to be dominated by the CDU/CSU, which is generally in favour of medical cannabis but has already suggested it plans to clamp down on the industry, Bedrocan made a number of key recommendations.
They have called for stricter oversight of telemedicine businesses, closing legal loopholes that allow foreign doctors outside German jurisdiction to prescribe cannabis, and prohibiting prescriptions issued without consultations.
Furthermore, marketing practices focused solely on cannabis prescriptions ‘should be curtailed through legal amendments if necessary.’
“A clear separation between the recreational and medical cannabis markets is essential. MedCan must continue to be regulated outside the BtMG with a high-quality standard, in line with Chapter 5.1.8. B of the European Pharmacopoeia. Future governments should not campaign at the expense of chronically ill patients but instead focus on improving care and addressing current shortcomings.”
Of course not all stakeholders agree with this position. In a recent interview with Cannareporter, Finn Age Hänsel, CEO of leading German medical cannabis company Sanity Group, argued that the separation of ‘medical’ and ‘recreational’ use was far more nuanced.
“We did a survey of all cannabis users in Germany, not only medicinal users but also recreational users, and we asked them why they use cannabis or why they choose a particular product. And it’s really interesting that even recreational users said that up to 70% of them use cannabis for sleep and stress. This means that the barrier between recreational use and medicinal use is not as strong as many people think.”
With an estimated 8-10 million German citizens thought to use cannabis recreationally, Mr Hänsel believes a significant number of these will enter the market now access has been eased.
“That’s basically a good thing, because right now they’re treating themselves with products from the black market that are sometimes good, but often mediocre products. You don’t know what’s in there. You don’t know what terpenes are in there. You don’t know how much THC is in there. You don’t know if there are synthetic cannabinoids on top.
“Everyone who has a medical indication and who moves from the illegal market to the medical market, will get a better quality product. We will have better guidance from doctors. We will have better control over what they are actually consuming. So basically I think we will see that movement; we are already seeing it, and it is a good thing.”
