STJ authorizes cultivation of marijuana for therapeutic purposes – 09/14/2023 – Health

The 3rd Section of the STJ (Superior Court of Justice) granted this Wednesday (13) safe conduct for patients who requested authorization to cultivate marijuana at home with the aim of producing cannabidiol (CBD) oil for medicinal purposes.

With the decision, they will be able to plant the herb without running the risk of being accused of drug trafficking.

Cannabidiol, one of the substances present in Cannabis which have therapeutic effects, It can be imported for medicinal use, but not all patients are able to bear the costs of bringing the product from abroad, hence the request for domestic production. To benefit from the decision, you must prove the need for treatment.

The ministers differed in their votes, but the majority voted in favor of the patients, including a young woman with medical advice on the use of olive oil. Cannabis in the treatment of idiopathic epilepsy, a disease that causes recurrent seizures.

In the case of this patient, the ministers allowed the acquisition of ten seeds, the cultivation of seven marijuana seedlings and the extraction of the oil as they believed “it was essential for her quality of life and health”.

The decision also provides for the need to communicate authorization to the Ministry of Health and Anvisa (National Health Surveillance Agency).

Ministers Jesuíno Rissato, Laurita Vaz, Sebastião Reis Júnior, Rogerio Schietti Cruz, Reynaldo Soares da Fonseca, Antonio Saldanha Palheiro and Joel Ilan Paciornik voted in favor of the measure. The votes against were from Messod Azulay Neto and João Batista Moreira.

JUDGMENT AT THE STF

The debate about marijuana consumption and cultivation has been recurrent in the high courts. The trial on the decriminalization of possession of marijuana for personal use is underway at the STF (Supreme Federal Court), which was suspended in August following a request for review by Minister André Mendonça.

The action under analysis requests that article 28 of law 11,343/2006, the Drug Law, be declared unconstitutional, which considers it a crime to acquire, store, transport or cultivate narcotics for personal consumption and provides for penalties such as providing services to the community.

The law, however, did not define the quantity of drugs that would characterize personal use, opening loopholes for users to be classified as drug dealers. To try to mitigate this problem, some ministers suggested, in their votes, limits on the amount of marijuana that could constitute individual use.

The trial score is 5 to 1 in favor of decriminalizing marijuana. Ministers André Mendonça, Nunes Marques, Luiz Fux, Dias Toffoli and Cármen Lúcia remain to vote.