Judicialization for cannabis treatment is the largest in history in SP
Despite difficulties, a survey shows that in the first seven months of 2022, judicial authorizations for the cultivation and use of cannabis compounds for medicinal purposes were higher compared to the same period the previous year
By João R. Negromonte
According to data from the law firm Falcon, Gail, Feijó & Sluiuzas, only from January to July 2022, the São Paulo Court of Justice authorized about 235 patients to have access to a simpler and cheaper form of treatment with cannabis compounds, commonly referred to as marijuana. In comparison to the same period the previous year, there were 12 more requests.
However, access difficulties are still a reality. Patients using this type of therapy face serious problems obtaining products in Brazil, which is sometimes hindered by the exhaustive list of ANS, which exempts health plans from covering treatment costs, or by the CFM, which prevents doctors from prescribing cannabis compounds that are outside their regulations.
There are also high therapy costs, making it unfeasible for low-income individuals to acquire such products. Therefore, a path that has been widely used is the judicialization of the processes for acquiring medications, which guarantees patients access to the right to health at a low cost, given that certain products can cost up to R$ 2,500.
But what about the costs of the action?
A very common question among those wishing to pursue a legal action is the costs associated with the process. However, according to Emílio Figueiredo, lawyer and one of the founders of the Legal Network for Drug Policy Reform (Rede Reforma): “Any ordinary citizen can request their habeas corpus for the preventive cultivation of cannabis for medicinal purposes in a first-instance court.”
It is worth noting that a series of documents are required, such as medical reports, authorization from Anvisa, a course on medicinal oil extraction, among others, which end up delaying the process but are necessary. The specialist emphasizes the need for a lawyer if the Public Prosecutor's Office appeals the decision in a higher court.
Another important point is that there are also public defenders for those who cannot afford the costs of the action, that is, state defenders who will proceed with the processes if necessary.
Thus, even with some barriers to be faced, the number of patients seeking this alternative treatment continues to grow, ensuring that the fight for quality public health for all never ceases.