Judge Fernando Tonding Etges, from the 1st Federal Court of Chapecó (SC), granted safe conduct to a patient to import seeds and cultivate up to 279 cannabis plants per year. The decision was based on the jurisprudence of higher courts, which recognize the citizen's right to access the plant and its derivatives for medicinal purposes, when supported by a medical prescription.

The plaintiff, who suffers from attention deficit and anxiety, has been using cannabis-derived medications since 2023, but claimed high treatment costs. To justify the request, he presented a medical report from his psychiatrist, an agronomic report indicating the need for 279 plants for annual production, a certificate from a cultivation school, and authorization from Anvisa to import products extracted from the plant for two years.

Decision Foundation

According to the judge, denying the request could "restrict the petitioner's freedom", as he proved continuous use of the medications. Etges emphasized that the documents presented attest to the real need for cultivation to obtain the active substances.

In the decision, the judge cited the understanding of the Superior Court of Justice, which, through its 3rd Section, states that it is the citizen's right, with medical support, to import seeds, sow, cultivate, and harvest Cannabis sativa for the production of derivatives aimed at health treatment.

With information from Conjur. 

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