State of SP and Campinas Must Provide Cannabidiol to Patient with Fibromyalgia, Headache, and Anxiety

The 3rd Chamber of Public Law of the São Paulo Court of Justice (TJ-SP) ordered the provision of cannabidiol-based medications. The decision requires the State of São Paulo and the Municipality of Campinas to assist a patient diagnosed with fibromyalgia, headache, and anxiety disorder.

In his vote, the rapporteur of the appeal, Paulo Cícero Augusto Pereira, based his decision on the thesis established by the Superior Court of Justice (STJ). The magistrate highlighted the requirements for granting medications not incorporated into the Unified Health System (SUS), essential for access to cannabidiol.

Criteria for Accessing Cannabidiol

To obtain treatment through the judicial route, proof of the drug's necessity and the patient's financial inability to afford it is required. Additionally, the medication must be registered with the National Health Surveillance Agency (Anvisa). However, in March 2025, the Superior Court of Justice (STJ) established that proof of financial incapacity is not mandatory for the granting of habeas corpus related to the cultivation of medicinal cannabis.

According to the rapporteur, the case meets all legal requirements. “There is sufficient evidence regarding the health condition of the petitioner, as well as a clear medical recommendation regarding the treatment to be carried out with the requested medication,” Pereira pointed out. He emphasized that the patient already has authorization to import cannabidiol.

State's Obligation to Provide Cannabidiol

The magistrate emphasized that the obligation of the Public Administration to guarantee adequate medical treatment extends to all federative entities. The State and the Municipality must maintain specific budget allocations to finance health actions and the provision of services, including the supply of cannabidiol.

Pereira concluded his vote by emphasizing the constitutional protection of life. “Moreover, it is necessary to highlight that the right to health is undeniable in the national legal system, being enshrined as a fundamental right of human dignity,” he stated, according to TJ-SP's note.

Judges Silvana Malandrino Mollo and José Luiz Gavião de Almeida completed the judging panel. The vote that ensured access to cannabidiol was unanimous.