Learn how to obtain a Habeas Corpus to cultivate medicinal Cannabis

Cultivating Cannabis in Brazil is still prohibited, except in the state of Rio de Janeiro, which has managed to allow the cultivation of marijuana for research purposes. However, prohibition does not make the demand disappear, and the fight for this right has been championed by various agents linked to Cannabis, such as associations, companies, and patients.

Therefore, the only legal recourse available today for those wishing to cultivate marijuana for medicinal purposes is the request for Habeas Corpus, a judicial measure aimed at protecting the freedom of those who decide to make their own medicine.

Learn how to obtain your Cannabis oil

Thus, based on the guidelines from Rede Reforma, the largest network of lawyers working in the Cannabis field in the country, Sechat has developed a step-by-step guide for patients who wish to plant.

Therefore, stay alert and avoid problems with the law.

See the step-by-step process to file for HC

1 - Medical prescription

First, a doctor must attest to the necessity of using Cannabis. The document must include the CID (International Classification of Diseases), the dosage, and the CRM of the doctor.

2 - Medical report

Next, it is necessary to have a report with the entire clinical history of the patient, the treatments already undergone, and their side effects. The focus of the document should be the severity of the disease and whether the patient is at risk of death. Additionally, it is important to highlight any suffering experienced during these treatments.

From there, the healthcare professional should recount the entire history of the patient's relationship with Cannabis, clearly stating the improvements, that there are no accessible national medications, and that the benefits came from the use of the artisanal oil made by the patient due to the lack of resources to import. This document must also include the CID and the CRM.

3 - Anvisa (National Health Surveillance Agency)

With the medical prescription, the patient must request an import authorization from Anvisa if the doctor's indication is for this type of medication. It is important that the document is current. Make the request here.

4 - Courses

Before requesting the HC, it is important that the patient or responsible party can prove that they know how to cultivate. Associations like Cultive offer courses on oil extraction and cultivation. In this case, a self-declaration of the acquired experience is sufficient.

5 - Association

Joining an association is optional, but those who can do so may attach this document to the process.

6 - Other evidence

It is worth attaching reports from various types of professionals with whom the patient may have interacted and noted the benefits of using Cannabis, such as therapists, nurses, teachers, speech therapists, etc.

7 - Tell your story

The patient themselves or the responsible party should recount the story about their life, the disease, the treatments, the improvements with Cannabis, and any other points they consider important to serve as further proof of the need to cultivate marijuana.

8 - Budget

Gather an estimate of the costs of imported medication and show the comparison with the costs of cultivation.

9 - Personal documents

To file the request, the following documents from the patient or responsible party are required: birth certificate, ID, CPF, and proof of residence and income.

10 - Hire a lawyer

Seek a trusted professional who has experience with requests like this or who is willing to learn about the subject before filing the request, or look for professionals who are accustomed to filing this type of action in court.

Rede Reforma has a philanthropic work with lawyers spread across various parts of the country.

Do you need to cultivate before filing the request?

There is a controversial point when it comes to first committing a crime in the eyes of current law and then requesting a protection order for freedom. Lawyers disagree on this point; however, Emílio Figueiredo, founding lawyer of Rede Reforma, views cultivating before the HC request differently.

"Domestic cultivation for therapeutic purposes should be interpreted as a promoter of public health. The path to cultivation involves recognizing that the use of Cannabis with medical backing is an element that brings a concrete benefit to public health in contrast to the abstract danger curtailed by drug laws," warns the lawyer.

How much does it cost?

Rede Reforma operates in two ways. The financial condition of the person is taken into account. Those who have money pay the lawyers' fees, which vary according to the OAB (Brazilian Bar Association) table of the state where the process will take place.

The process is free for clients who are economically disadvantaged and have difficulty supporting themselves. There are also cases of partnership between Rede and the Public Defender's Office to assist this part of the population.