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

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

The appeal judged on November 19 gained prominence in edition 873 of the Jurisprudence Informative. This publication periodically disseminates notes on important theses established in the STJ's judgments. The choice of the topic reflects its significant impact in the legal field and the novelty of the matter 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 aim was to define whether this legal tool is suitable for obtaining safe conduct for domestic medicinal cultivation, given that clear rules from Anvisa and the Ministry of Health on the subject are still lacking.

Requirements to obtain authorization

The Third Section of the Court had already standardized the understanding in favor of the patient. It is permissible to grant safe conduct for medicinal cultivation and the importation of seeds for those who can prove the necessity of treatment.

To this end, reliable documentation is required, which includes:

- Medical reports and prescriptions;

- Authorizations from Anvisa for the importation of cannabidiol derivatives;

- Other evidence that demonstrates the health necessity.

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

Guarantees of safe conduct for medicinal cultivation

In the cited judgment, the patient's request was fully granted. The decision served to "Grant safe conduct, to authorize the patient to cultivate Cannabis sativa at their residence, exclusively for medicinal purposes and for personal use," according to the Court.

Furthermore, the determination prevents law enforcement authorities from infringing on the patient's freedom. They are prohibited from seizing the plants used in treatment, ensuring the "regular exercise of the right to health, in light of the medical prescription."

Agility in the judgment of habeas corpus

Finally, the STJ corrected a previous decision from 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 via habeas corpus, cannot be hindered by bureaucratic issues of jurisdiction. The Code of Civil Procedure stipulates that this tool, vital for freedom, must have priority processing and cannot be interrupted.