MPF advocates for cannabis cultivation for therapeutic purposes
Agency requests that the court authorize the association to produce plant extract intended for patient treatment
The Federal Public Ministry (MPF) has released an opinion highlighting the legality of cultivating and using cannabis for medicinal purposes, arguing in favor of judicial authorization for the Cannabis Association for Life Defense (Maleli) to plant, cultivate, extract, and distribute cannabis oil for therapeutic purposes. The action was initiated by Maleli seeking authorization to produce this plant extract intended for the treatment of its members/patients.
The opinion from regional prosecutor Marlon Alberto Weichert emphasizes that many patients can only access cannabis products through donations or emergency imports, often facing bureaucratic challenges and significant costs. The MPF argues that it is unreasonable to require patients to import a product that can be produced in Brazil and that cannabis has valuable medicinal properties.
Additionally, the opinion mentions that Brazilian legislation already provides for the possibility of authorization for the planting and cultivation of cannabis for therapeutic purposes under supervision, based on the Drug Law and regulations from the Federal Council of Medicine and the National Health Surveillance Agency (Anvisa).
The MPF highlights the importance of the various chemical compounds present in the plant, beyond cannabidiol (CBD), and how the combination of these compounds can be crucial in determining the therapeutic approach to be followed for different ailments. The opinion also references the technical note from the Oswaldo Cruz Foundation (Fiocruz) that proves the efficacy of cannabis in various health conditions.
The MPF proposes some conditions, such as the technical responsibility of a pharmacist, the precise definition of the planting location and distillation laboratory, formal production control, and maintenance of quality standards. However, the opinion also supports the suspension of the action until the Superior Court of Justice (STJ) makes a definitive decision on the matter, and subsequently, the authorization for Maleli to produce cannabis oil to meet the needs of its patients.