German Courts Say Nein To Advertising Cannabis

The Higher Regional Court (OLG) of Frankfurt am Main has prohibited the operator of an online brokerage portal from advertising medical cannabis. The court also prohibited the operator from receiving commissions for connecting patients and physicians. The court ruled that the commission and advertising violate competition law and medical professional conduct (judgment of March 6, 2025, case number U 74/24).

The Central Office for Combating Unfair Competition filed a lawsuit against the operator. Customers could register for treatment with medical cannabis on the online portal. The defendant portal operator then connected them with potential physicians. These physicians, in turn, could book treatment rooms and obtain service contracts from the operator. Upon conclusion of a service contract between the patient and the physician, the operator retained a portion of the physician’s fee. 

The plaintiff, the Competition Authority, considers this business model to be inadmissible. The Frankfurt Regional Court (LG Frankfurt) had already ruled in its favor and ordered the operator to cease and desist. The operator appealed against this decision to the Higher Regional Court (OLG). The Competition Authority also filed an appeal, as the LG did not agree with it on all points.

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