Judge Waldir Peixoto Barbosa, from the 5th Criminal Court of Campo Grande (MS), rejected, on October 14, the Public Prosecutor's Office's complaint against four members of the South-Mato-Grossense Association for Medicinal Cannabis Research and Support Divina Flor. The decision represents progress in the recognition of the therapeutic use of cannabis in a country where access to treatment still faces legal barriers and prejudices.

The group was accused of interstate drug trafficking and association for trafficking after sending, by mail, two bottles of cannabis oil to a patient in Santa Catarina. But the judge saw what many families, doctors, and researchers already know: there was no intention of profit or commerce, but rather a gesture of care supported by medical reports and prescriptions.
 

“The evidence collected aligns with a punctual and directed shipment for the therapeutic treatment of associates,” highlighted the magistrate, in dismissing the trafficking hypothesis and recognizing the humanitarian nature of the action.

Between the law and care

The decision, besides being technical, is symbolic. By recognizing that the lack of authorization from Anvisa is not enough to characterize a crime, the judge reinforces a more humane and coherent interpretation of the Drug Law, one that distinguishes trafficking from organized solidarity in favor of health.

For the association's lawyer, Felipe Nechar, the case marks an important advancement. “Decisions like this, which clearly distinguish the therapeutic purpose from the crime of trafficking, are essential to reduce the legal uncertainty that still hovers over associations and patients,” he states.

Divina Flor operates in a structured manner, with a registered statute, terms of adhesion, and medical patient follow-up. According to Nechar, the shipment of the oil, duly identified and accompanied by a prescription, was an act of support, not commerce.

A new paradigm under construction

The case in Mato Grosso do Sul reflects a movement growing throughout Brazil: the recognition of cannabis associativism as a legitimate and accessible alternative for those seeking quality of life outside of bureaucracy and pain.

According to the lawyer, the decision is more than a judicial victory; it is a sign, a reminder that compassion, when supported by ethics and care, is also a form of justice. “The right to health and therapeutic autonomy must prevail over the logic of the war on drugs,” concludes Nechar.