STJ classifies safe-conduct for medicinal cannabis cultivation as relevant thesis

The Fifth Panel of the Superior Court of Justice (STJ) decided, unanimously, to consolidate the understanding regarding the granting of safe-conduct for medicinal cultivation of Cannabis sativa. The court reaffirmed that it is possible to authorize cultivation, provided that the patient proves the therapeutic need with reliable documentation, as long as there is no specific regulation by the Executive Branch.

The appeal judged on November 19 was highlighted in edition 873 of the Jurisprudence Newsletter. This publication periodically disseminates notes on important theses established in STJ judgments. The choice of the topic reflects its significant impact in the legal field and the novelty of the subject in the court.

In the analyzed case (AgRg no HC 1.017.622), reported by Minister Ribeiro Dantas, the central discussion revolved around the use of habeas corpus. The goal was to define if this legal tool is suitable for obtaining safe-conduct for domestic medicinal cultivation, given the lack of clear rules from Anvisa and the Ministry of Health on the subject.

Requirements to obtain authorization

The Third Section of the Court had already standardized the favorable understanding for the patient. It is permissible to grant safe-conduct for medicinal cultivation and seed importation to those who prove the need for treatment.

For this, reliable documentation is required, including:

- Medical reports and prescriptions;

- Anvisa authorizations for importing Cannabidiol derivatives;

- Other evidence demonstrating the health necessity.

This measure serves to protect the patient according to Law No. 11,343/2006, until the subject is fully regulated by the federal government.

Guarantees of safe-conduct for medicinal cultivation

In the mentioned judgment, the patient's request was fully accepted. The decision served to "Grant safe-conduct, authorizing the patient to cultivate Cannabis sativa at the place of residence, exclusively for medicinal purposes and for personal use.", according to the Court.

Furthermore, the determination prevents police authorities from interfering with the patient's freedom. They are prohibited from seizing the plants used in the treatment, ensuring the "regular exercise of the right to health, based on medical prescription".

Expedited processing of habeas corpus

Finally, the STJ corrected a previous decision by a state court that had refused to analyze the case. The Court deemed the suspension (stay) of the habeas corpus process illegal.

The court reinforced that safe-conduct for medicinal cultivation, when sought through habeas corpus, cannot be hindered by bureaucratic competence issues. The Civil Procedure Code provides that this vital tool for freedom must have priority processing and cannot be interrupted.