Public Procurement Law in the Context of Medical Cannabis in Germany

The authors, Karin Deichmann, René Kieselmann, and Margret Knitter, of SKW Schwarz provide an in-depth discussion of German public procurement law in the context of medical cannabis.

German public procurement law is of great importance when it comes to procuring medical cannabis. As no licenses are issued for the free cultivation of medical cannabis, supply contracts with private suppliers are concluded. Germany does not issue cannabis cultivation licenses, instead companies are selected through a Europe-wide tendering procedure, taking into account all pharmaceutical and narcotic legal requirements. Health insurance funds are also considered "public contracting authorities" and are thus subject to the rules of public procurement law. This article discusses how cannabis market players need to familiarize themselves with the rules for tendering to compete in the market. The article also details several legal cases before the public procurement tribunals and provides insight into the tendering of health insurance.

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