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Michael Knodt of DHV – English version of article on ABDA – German pharmacies MUST charge 100% markup – average cost of one gram is now 24 euro each ($27.21 USD, 35.97 CAD)

 

michal knodt

Patients have been reporting recently about pharmacies that have raised prices for cannabis flos for fear of financial and professional consequences. Specifically, this is about cases from Bavaria, Baden-Württemberg and North Rhine-Westphalia. The Federal Association of German Pharmacists Associations (ABDA) has now confirmed on request that pharmacies that deliver cannabis without fully charge the currently hotly debated surcharges risk prosecution by the respective state pharmacy chamber. Four simultaneous inquiries from the pharmacy chambers of Bavaria, Baden-Württemberg, North Rhine-Westphalia (Lippe) and the Federal Chamber of Pharmacists (BAK) have consistently revealed that cannabis currently has to be sold for around 24 euros per gram,

The deputy spokeswoman of the ABDA, Dr. med. Ursula Sellerberg, writes in a letter dated October 29, that the system of price formation in the drug price regulation is clearly regulated and is the same for all pharmacies. In the case of a medical prescription for cannabis flowers, these are considered as prescription medicines according to the Pharmacist Order (ApBetrO). If they are then transferred, bottled, packaged or labeled in their unmodified state and handed over to the patient, a premium of 100% is to be charged in accordance with §4 AmPreisV. If the cannabis flowers are additionally shredded, sieved or packed in single doses, the 90% premium must be calculated according to the New Formulation Form (NRF) regulations, to which various fees are added.

Three and a half times as expensive as in the neighboring country

Here are two examples for clarification. To keep it simple, we are assuming a pharmacy purchase price of ten euros. This value comes pretty close to the real purchase price. However, the purchase price for pharmacies varies depending on the quantity and variety.

Patient A goes to the pharmacy with a prescription for 10 grams of cannabis XY. On the recipe the doctor added the word “uncrushed”. Thus the medicine is sold according to §4 of the AmPreisV. The pharmacist only provides the original cans with a label. In addition, the pharmacies can charge the narcotics fee according to §7 AMPreisV in the amount of 2.91 Euro including VAT. Patient A gets the 10 grams accordingly for 240.91 including 19% VAT.

100,00 € (purchase price of the pharmacy)

+ 100,00 € (prescribed surcharge of the pharmacy)

200.00 €

+ 38,00 € (19% VAT)

+ 2,91 € (Narcotics fee)

   240.91 €

Patient B goes to the pharmacy with a prescription for 10 grams of XY cannabis flowers. The word “unzerkleinert” is missing on the recipe. Now the flowers are crushed, divided into the single doses indicated on the order, repackaged and therefore sold according to §5 of the AmPreisV. The final price of 245.37 euros is then composed as follows:

100,00 € (purchase price of the pharmacy)

+ 90,90 € (90% surcharge according to $ 5 AmPreisV.)

+ 1,00 € (packaging)

+ 3,50 € (formula supplement)

+ 8,35 € (fixed surcharge for recipes) 203,75 €

+ € 38.71 (19% VAT)

+ 2,91 € (Narcotics fee)

  245.37 €

The only fee that pharmacies may waive without violating the AmPreisV is the narcotics fee of 2.91 per prescription submitted. This should give reason to think about the situation in the Netherlands, where the same medicine is being donated to the patient for seven euros, under similarly stringent safety regulations and similar laws. Meanwhile, there are already the first cases in which pharmacies were warned due to a patient-friendly pricing. According to ABDA and the other three chambers of the state, no pharmacy has yet to pay. However, this does not mean that any proceedings have already been initiated because the pharmacists’ associations do not provide any information about any ongoing proceedings. The ABDA spokeswoman confirms in her letter as well,

Bayern also emphasizes professional legal steps

A spokeswoman for the Bavarian pharmacy chamber adds that “in addition to the abduction mentioned by the ABDA, a professional punishment is added by the chamber.”   So far, such cases would not exist in Bavaria, but the Bavarian State Pharmacists’ Chamber should not give any specific information for data protection reasons.

A spokesman for the pharmacy associations Westfalen-Lippe confirms that the chamber has so far not been active in the matter. “Westfalen-Lippe has not been fined a violation of the drug price regulation; In this respect, for us as a chamber there has not yet been any so-called professional overhang which we would have to prosecute. “ The answer from Baden-Württemberg confirms the danger in which pharmacies that make cannabis cheaper than prescribed are in danger. Even there, “Violations of the Pharmaceutical Price Ordinance can have professional consequences. The extent to which consequences are to be expected from the monitoring authorities is not known to us, “ it says from the press office of the Landesapothekerkammer Baden-Württemberg.

The times when pharmacies were allowed to meet the patients, who often have to pay their own medical expenses, to meet patients by renouncing their own profits seem to be over for good.

https://hanfverband.de/nachrichten/news/abda-apotheken-riskieren-strafen-fuer-guenstige-medizinal-cannabisblueten

 

 

Author: Cenedella.de

Over the last 4 decades I have been involved in the fight for patient rights in America, and now here in Germany. During my career I have served as a Board of Director for the World Trade Center San Diego and as a Lead Consultant for Deutsche Telekom's Executive Board, Co-Founded the San Diego Software Council and the Dayton Human Trafficking Accords and was Director of LawInfo's Lead Council Program. Previously I was a C-Level Business Development Executive in the technology sector, but also involved with the cannabis industry since 1977. More recently I have been fulltime in the legal medical marijuana industry here in Europe, helping international companies navigate the biggest potential market in the world. This website is light on details due to confidentiality issues with clients but be rest assured I am knowledgeable, professional and with street cred in the industry that can immediately assist your growth in some way. Consulting Services: Sales and Business Development Assist with Strategic Direction Professionally represent your firm Special Projects management Licensing and compliance Sales and Distribution networks Qualify potential partners I am your resource on the ground in Europe, contact me directly to schedule an initial discussion on the German Cannabis-as-Medicine market. Thank you, Philip J. Cenedella IV Call +1.888.206.3264 USA +49.0.151.720.17652 GERMANY Skype: philip.j.cenedella eMail: phil@cenedella.de LinkedIN: https://www.linkedin.com/in/cenedellade/

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