How to Access Your Cannabis-Based Medication through SUS or Health Plans

By João R. Negromonte

Since 2015, when Anvisa published the Collegiate Board Resolution (RDC) number 17, which exceptionally allowed the importation of cannabidiol, one of the compounds of cannabis, companies began to request authorizations from the agency to cultivate the plant for medicinal and research purposes. This significantly increased the number of imports and patients seeking cannabinoid therapy. 

However, even over the years, many people still encounter problems accessing these medications, often having to resort to the judiciary to obtain these products for free, considering the high cost of the medication when imported. Therefore, in this article, you will see the fundamental steps to ensure free access via the Unified Health System (SUS) or health plans. 

First Steps

The first thing to do is to find a cannabis-prescribing doctor, schedule a consultation, and obtain a prescription from a qualified professional with the necessary information about the medication's prescription, such as how it will be used, dosage, reasons for use, how many times a day, etc. Here, you will find a list of some professionals who work with cannabis medicine recommendations.

As soon as the patient receives the medical prescription, it is necessary to register with Anvisa requesting the medication, which in this case would be through importation. Other options such as purchasing at pharmacies are also a reality; however, even with the health authorizations that allow 19 cannabis-based medications to be marketed in the national territory, companies still face difficulties in ensuring an affordable price for patients due to legislative bureaucracies. 

How Can the Judiciary Help? 

According to Dr. Ladislau Porto, a lawyer specializing in actions regarding the medicinal use of cannabis and a columnist for the portal, the importance of the law in facilitating access is undeniable. “We must emphasize that in municipalities or states without legislation on the subject, there is the possibility of suing the health plan or even SUS to obtain your medication.”

The understanding of the judiciary is that whenever there is a medical indication justifying the need for therapy, even if it is not classified by the National Health Agency (ANS), both SUS and health plans must cover the treatment. 

“The mere fact that it is for home use, not listed in the ANS Procedures Roll, or not mentioned in the package insert as an indication for treating your condition, for example, does not mean that the health plan is exempt from covering the treatment,” corroborates lawyer and health law specialist Dr. Elton Fernandes.

According to Fernandes, the Procedures Roll and Events in Health of ANS is a norm inferior to the law; it determines that all medications registered by Anvisa must be covered by health plans.

Medicinal Use of Cannabis

Cannabis, or marijuana, as it is commonly known, has medicinal properties that can be effective for treating various pathologies, as shown by a series of studies and scientific research already conducted. CBD, for example, has proven beneficial in treating diseases such as Alzheimer, Parkinson, Multiple Sclerosis (MS), depression, and chronic pain. 

The compounds can also be found in different formats such as oils, pills, creams, nasal sprays, and the in natura compound, but regardless of the mode of administration, a prescription from a doctor is necessary to indicate the best treatment for each patient's condition. “It is solely up to the specialist to determine the best option. Even if it is a medication outside the ANS roll, an off-label treatment, or for home use, coverage is still mandatory,” says Fernandes.

Thus, when looking for a healthcare professional who best meets your needs, having all the authorizations in hand, and if your treatment request is denied by health plans or even by SUS, seek a lawyer who can assist you in the best way and meet your requirements. Remember that there is also the possibility of requesting free assistance from public defenders; just look for them at the OAB in your region. When it comes to health, one cannot wait.