Interim injunction authorizes homeopathic pharmacy to market cannabis derivative
The decision of Judge Gustavo Müller Lorenzo considers unjust the resolution that differentiates compounding pharmacies from common pharmacies of Anvisa
Published on 07/20/2022
By João R. Negromonte
According to the decision of the Judge of the 1st court of the Public Treasury of Ribeirão Preto/SP, Gustavo Müller Lorenzato, a homeopathy pharmacy will be able to market products based on cannabidiol (CBD), a compound derived from cannabis, without being penalized by the National Health Surveillance Agency (Anvisa).
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In case number 1030168-36.2022.8.26.0506, the pharmaceutical company questions Anvisa resolution 327/19, which determines that cannabis-based products can be marketed, exclusively, by pharmacies without manipulation or drugstores. Thus, only the presentation of a prescription from a previously qualified medical professional is sufficient.
Based on this resolution, the company appealed to the court to ensure the right to buy, manipulate, and market the cannabis extract, CBD.
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Thus, according to the judge's understanding, the Anvisa resolution makes an nonexistent differentiation, exceeding the limits of regulatory power. “It is the duty of the public administration to prevent the abuse of regulatory power in a way that unduly creates a market reserve by favoring, in regulation, an economic or professional group, to the detriment of other competitors,” highlights the judge. He further states that “the aforementioned resolution created an undue distinction between pharmacies 'with' and 'without' manipulation, since, in principle, there is no law that legitimizes such discrimination.”
Therefore, from the publication of the aforementioned interim injunction, the homeopathic pharmacy will not be penalized by the health agency if it markets the cannabis derivative CBD.
