State of SP and Campinas must provide cannabidiol to patient with fibromyalgia, headache, and anxiety

The 3rd Public Law Chamber of the São Paulo State Court of Justice (TJ-SP) ordered the provision of cannabidiol-based medications. The decision obliges 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 appellant, Paulo Cícero Augusto Pereira, relied on the thesis established by the Superior Court of Justice (STJ). The judge highlighted the requirements for the granting of medicines not incorporated into the Unified Health System (SUS), essential for access to cannabidiol.

Criteria for access to cannabidiol

To obtain treatment through the judiciary, proof of the indispensability of the drug and the patient's financial incapacity to afford it is required. In addition, 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 appellant, the case meets all legal requirements.