The 11th Panel of the Regional Federal Court of the 3rd Region (TRF-3) granted a writ of habeas corpus to authorize the importation of cannabis seeds and the cultivation of up to 138 plants, for the exclusive purpose of producing medicinal oil. 

The request was made by a patient diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and Temporomandibular Joint Disorder (TMJ), conditions that have shown significant improvement with the use of cannabis-based medications.

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According to the lawsuit, the high cost of industrialized products makes continuous treatment for the patient unfeasible, which motivated the recourse to the Court.

Divergences and precedents

The rapporteur of the case, federal judge Nino Toldo, acknowledged the concerns surrounding the artisanal production of cannabis extracts, emphasizing the lack of scientific evidence regarding the effectiveness and safety of these methods. During the ruling, he mentioned a seminar held by the School of Magistrates of the Federal Court of the 3rd Region (EMAG) in August, with the participation of Professor José Alexandre Crippa, a reference in Psychiatry and Neurosciences at USP in Ribeirão Preto and with several interviews published by Sechat.

Toldo highlighted that, according to the researcher, THC can induce psychosis and worsen schizophrenia, while CBD tends to reduce psychotic symptoms. Despite the reservations, the rapporteur cited several precedents from the Superior Court of Justice (STJ) that recognized patients' right to import and cultivate the plant for medicinal purposes.
Ultimately, the rapporteur chose to follow the consolidated understanding at the STJ and grant the safe conduct to avoid further judicial developments. "Considering the consolidation of the understanding at the Superior Court and in order to avoid rework, I confirm the safe conduct requested," he stated in the lawsuit.