Cannabis Law News

Germany: Higher Regional Court of Brandenburg: Telemedicine cannabis prescription protects against fines in road traffic



2026-09-05 | According to a  report by lawyer Marc von Harten, the Brandenburg Higher Regional Court (OLG Brandenburg) has ruled (Case No. 2 ORbs 85/26) that a telemedicine cannabis prescription without personal contact with a physician is sufficient to invoke the medication exemption under Section 24a (4) of the German Road Traffic Act (StVG). The Higher Regional Court therefore overturned the conviction of an ADHD patient who had been prosecuted by the Königs Wusterhausen Local Court despite having a valid online prescription because of a THC level of 7.2 ng/ml. The judges determined that current law does not require a personal medical consultation and that responsibility for taking the medical history and establishing the findings lies with the physician.

Source – German Cannabis Business Association



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