Since 2024 recreational cannabis is partly legal in Germany, but advertising remains largely prohibited. Medical cannabis is a prescription drug.
Legal framework
- § 6 KCanG: comprehensive ban on advertising and sponsoring for recreational cannabis and cultivation associations
- MedCanG and § 10(1) HWG: no public advertising for prescription drugs, which can include advertising treatments
Case law
- BGH, 26 March 2026, I ZR 74/25 – a platform referring patients to cooperating doctors for cannabis therapy breaches the ban on public advertising
Case examples
Telemedicine platform
A website lists complaints from back pain to insomnia and offers a “cannabis prescription in 24 hours”. This is prohibited public advertising.
Cannabis club on Instagram
A cultivation association promotes its strains and membership on Instagram. § 6 KCanG prohibits this.
