Medical Cannabis Patient Associations Release Statement Calling for Bill to Democratize Access

Charles Vilela

Associations advocating for the cultivation of cannabis for therapeutic purposes issued a public statement last night (14). The institutions, which hold a significant portion of Brazilian know-how in the practical advancement of the medical Cannabis topic and public discussion, expressed 'concern about the movements surrounding PL399/2015, especially regarding the associative cultivation and home cultivation.' Check the full reproduction of the statement at the end of this article. 

The text, signed by 23 entities, argues that 'the focus of Cannabis regulation should be the democratization of access methods, starting with the domestic cultivation of the plant used as medicine, cultivation and supply by associations exclusively for their members, production and commercialization of medications by companies, and, most importantly, universal access through the SUS.'

Santa Cannabis leader says rule could make associations unviable

Among the points causing disagreement is the rule that does not establish differentiated treatment for associations, subjecting them to the same operational requirements as large companies in the Cannabis market. 'It is a way to make the work of associations unviable,' criticizes the president of Santa Cannabis, Pedro Sabaciauskis. 'It is the same as prohibiting them from operating because they do not have the investment capacity of large companies and, therefore, require differentiated treatment.'

Santa Cannabis has been in existence for just over a year and a half in Florianópolis, in the state of Santa Catarina, and already has more than 400 members spread throughout Brazil. 

Pedro emphasizes that, even with limited operational conditions, associations are already working, providing solutions, solving problems, and this must be taken into account because it is not an attempt, but a consolidated work. 'It is something that is already happening in practice, yielding results and being successful. We want this to be recognized,' he defends.  

According to the leader, the statement is a warning to society and committee members that any law that is not fair, democratic, and that serves the interests of associations and their patients and those who practice self-cultivation will be questioned. 'It was they (the patients) who started this discussion, taking risks, engaging in civil disobedience. This must be taken into account,' he argues. 'There is no point in making a poorly crafted law that will not work. We are attentive to the interests involved (in PL399/2015), some of which are quite nebulous.'

The following entities have signed the statement: 

• Abrace (PB) - Brazilian Association for Support of Cannabis Hope
• Acolher - Brazilian Association of Cannabis and Health
• ACP (PI) - Piauí Cannabis Association
• ACuCa (SP) - Cannabic Cultural Association of São Paulo
• AGAPE (GO) - Goiás Association for Support and Research on Medical Cannabis 
• ALIANÇA VERDE (DF) - Institute of Scientific and Medicinal Plant Research
• AMA+ME (MG) - Brazilian Association of Medical Cannabis Patients
• AMEMM (BA) - Multidisciplinary Association for Studies on Medicinal Marijuana
• AMME (PE) - Medical Marijuana Association 
• AMPARA (PB) - Ampara Medicinal Cannabis Association 
• APEPI (RJ) - Association for Research and Patient Support of Cannabis
• CANNAB (BA) - Association for Research and Development of Medical Cannabis in Brazil 
• CANNAPE (PE) - Medicinal Cannabis Association of Pernambuco
• CULTIVE (SP) - Cannabis and Health Association 
• FLOR DA VIDA (SP) - Therapeutic Association of Medicinal Cannabis Flor da Vida 
• LIGA CANÁBICA (PB) - Paraíba League in Defense of Medicinal Cannabis 
• PRÓ-VIDA (SP) - Pro-Vida Medicinal Cannabis Association
• RECONSTRUIR (RN) - Rebuild Medicinal Cannabis Association
• SANTA CANNABIS (SC) - Brazilian Association of Medical Cannabis
• SATIVOTECA (CE) - Institute for Research and Study Support of Cannabis 
• ABRACAM (CE) - Brazilian Association of Medical Cannabis 
• ABRACannabis (RJ) - Brazilian Association for Cannabis

ASSOCIATIONS' LETTER (Full reproduction)

"We, the Associations of individuals who use Cannabis as a therapeutic tool listed below, express our concern here about the recent news regarding the course of the legislative project Bill 399/2015, where it seems that there will be a priority given to the demands of large corporations over those of patients and their social organizations, forwarding our demands to be included in the Committee's report.

The regulation of Cannabis in Brazil has been insufficient to meet social demands since 2014, mainly by ANVISA in Process No. 25351.421833/2017-76, of the Public Ordinary Meeting (ROP) 029/2018, where the final guiding vote highlighted that the entire process was subject to questioning, and that there was no transparency and fairness in the regulatory proposal itself, as it seemed to favor certain producers and products from specific companies, possibly creating a market reserve.

Both the ANVISA administrative process and the current legislative process of PL 399/2015 disregard that the demand for the use of Cannabis as a therapeutic tool originates from the individuals who use it; it was the patients and their caregivers (mainly mothers) who brought this practice to Brazil, not any well-intentioned entrepreneur, including the patients who started national production, even if clandestine.

The success of recognizing the use of Cannabis stems from the combined efforts of all those who acknowledge its immense therapeutic applicability and continue to face injustices, even if clandestinely.

The focus of Cannabis regulation should be the democratization of access methods, starting with the domestic cultivation of the plant used as medicine, cultivation and supply by associations exclusively for their members, production and commercialization of medications by companies, and, most importantly, universal access through the SUS.

For this, it is necessary to recognize that it is possible to use cannabis for health through homemade remedies and civil society organizations without profit distribution. Therefore, we demand that access to medicine through the domestic cultivation of Cannabis be included in the PL 399/2015 report and that a clear differentiation be made in the activities of associations (both small and large) from industry activities, preventing unnecessary requirements from being imposed on entities that cultivate and produce medicine solely for their membership without commercial purpose.

The Declaration of the Rights of Man and of the Citizen (1793) states in its Art. 35: 'When the government violates the rights of the people, insurrection is, for the people and for each portion of the people, the most sacred of rights and the most indispensable of duties.'

            Wisdom enables the resolution of conflicts in a harmonious way, but there will be strong resistance if these pillars (individual and associative cultivation) are not included in any regulatory proposal.

            Once our demands are met, we commit to supporting the report text of this committee; however, if our proposals are rejected, we will have no choice but to criticize the work of this committee and encourage the non-compliance with a law made out of touch with Brazilian reality.

            We do not subject ourselves to a flow of commercialism or any kind of oligopoly.

            Respectfully."