Cannabis
Advertising and
Telemedicine.
Cannabis
Advertising and
Telemedicine.
from
Is the online sale of medicinal cannabis a legal vacuum for aggressive marketing? At what point does helpful patient information become inadmissible advertising for medicinal products?
Medicinal cannabis with a click
The market for medical cannabis is booming, driven by the ongoing digitalization of healthcare. But while telemedicine is paving new ways for patients, some players are trying to push the boundaries of what is permitted in marketing. A recent ruling by Hamburg District Court now clearly shows that digital health protection must not be sacrificed in favor of sales figures.
A company’s website linked telemedical services and the purchase of cannabis flowers. The website presented a user interface that was strongly reminiscent of classic online stores. Under the slogan “Order medical cannabis”, patients were guided through a process that suggested a doctor’s prescription without direct personal contact and linked it directly to the product selection.
The decision of the LG Hamburg
With Decision of 15.01.2026 – Ref. 402 HKO 4/26 the Hamburg Regional Court imposed far-reaching advertising bans on the provider by way of a temporary injunction.
The court identified three main areas in which the advertising exceeded the statutory limits of the law on advertising for therapeutic products .
According to the court, it is illegal to advertise treatments aimed at prescribing cannabis to end consumers without direct personal contact between doctor and patient.
In particular, the targeted advertising of the purchase of medicinal cannabis to laypersons was prohibited, for example in a store look with price information (e.g. €8.99/g).
The court also prohibited the use of specific healing promises or indications of efficacy in connection with certain cannabis varieties.
Protection against misuse
The court made it clear that the strict rules for advertising in the healthcare sector serve to protect patients from uncritical self-diagnosis and the improper use of potentially dangerous substances. The court was particularly critical of the publication of lists of specific flowers with information on THC content and prices as well as the advertising of treatment successes of individual patients.
A key point of the decision is the inadmissible mixing of medical diagnosis and commercial sales through advertising statements such as:
Many patients have found that [strain] can help with stress, chronic pain, anxiety and loss of appetite.
Conclusion
Medical cannabis is a medicine and not a lifestyle product. It must therefore be treated as such. Anyone wishing to offer medicinal cannabis in the field of telemedicine should avoid giving the impression of a pure online store for the sale of cannabis. Otherwise, there is a risk of cease and desist letters under competition law.
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