700 lives protected: when Justice recognizes the value of cannabis associations

An unprecedented decision by the Court of Justice of Rio Grande do Norte has just secured the right to cultivate and artisanally produce medicinal cannabis for about 700 patients and collaborators of Associação Reconstruir, a non-profit organization that has been operating in the state since 2018. The collective habeas corpus recognized the urgency and legitimacy of the association's work, granting a preventive safe-conduct to all its members and professionals involved in the therapeutic oil production chain.

I acted as a lawyer in this process and, even with all my experience in the field of cannabis law, I must say: this decision moves us. Because it goes far beyond a legal case. It represents the recognition of the social value of work that arises where the State fails. And it makes clear that the ongoing regulation may not be sufficient for those in greatest need.

Associations remain on the sidelines of federal regulation

Since the STJ determined that Anvisa and the Union should present a regulation plan for the cultivation of medicinal hemp by September 2025, the sector eagerly awaits the definition of clear rules. But one point cannot be ignored: the regulation required by the STJ has a specific scope for whom cultivation and production will be allowed in Brazil — in this case, for pharmaceutical companies.

Associations like Reconstruir, which provide a public service outside the industry, may not be included. And that is serious. Because they are the ones ensuring real access to hundreds (sometimes thousands) of patients who cannot import or purchase products from authorized pharmacies.

The importance of the TJRN decision

By granting the collective habeas corpus, the TJRN recognized that Reconstruir operates with technical, medical, and scientific support, respecting the principle of human dignity and the fundamental right to health. And it went further: it extended protection not only to the association's leadership but also to its patients and collaborators, allowing the work to continue without the constant risk of criminalization.

This is a victory that can — and should — inspire other states and courts. Because judicializing access to health is a direct consequence of legislative and regulatory omission. But, while Congress, Anvisa, and the Union do not progress, Justice has been fulfilling an essential role of reparation and protection of fundamental rights.

Accessible cannabis is social justice

Most patients served by Reconstruir live in vulnerable situations. The oil provided by the association is produced with technical responsibility and distributed at prices that can be up to 80% lower than those charged for imported products or sold in pharmacies.

This is not just an economic fact, it is a social fact. It is about justice. It is about ensuring a dignified life for those outside the formal market radar, but cannot wait for public policy to reach their door.

An invitation to reflection and action

The decision of the TJRN is a reason for celebration, yes. But it is also a warning. If federal regulation continues to ignore associations, it will be failing those in greatest need. The history of medicinal cannabis in Brazil has been written based on courage, solidarity, and resistance — and associations are proof of that.

May this text not only be an account of legal victory but also an invitation to reflection and the collective construction of a regulatory model that includes everyone. Because no one can be left behind.