STJ Decision Opens Doors for Home Cultivation of Cannabis
Court relied on Anvisa resolution to justify favorable opinion
The Third Section of the Superior Court of Justice (STJ) issued a historic decision last Wednesday (13), stating that the judiciary can grant a safe conduct for the home cultivation of cannabis sativa, aimed at extracting its oil for medicinal purposes. The plant in question, commonly known as marijuana, is used to treat various pathologies.
Ruling Solidifies Understandings That the Court's Criminal Chambers Have Been Applying
The majority of the ministers based their verdict on the fact that cultivating cannabis for medicinal use does not intend to produce narcotics. Furthermore, patients have the support not only of medical prescriptions but also of authorization from the National Health Surveillance Agency (Anvisa) to import cannabidiol (CBD), one of the main therapeutic components of the plant.
The ministers argued that this Anvisa authorization demonstrates the agency's recognition of the validity of cannabis use in a therapeutic context. The decision will be promptly communicated to the Ministry of Health and Anvisa itself.
With this determination, the STJ continues a series of advances in cannabis regulation in Brazil. At the end of 2022, Anvisa authorized the Federal University of Rio Grande do Norte (UFRN) to cultivate cannabis for research projects aimed at studying the effects of its derivatives on neurological and psychiatric disorders. This was the first time the agency allowed the cultivation of the plant on national territory for scientific research purposes.
Since 2015, Anvisa has already allowed the importation of cannabis-derived products for therapeutic use. Among these products are oils, ointments, extracts, and even medications, some of which can already be found in pharmacies. However, the importation of parts of the plant in natura remains prohibited.
The decision of the Third Chamber of the STJ marks a significant step towards the regulation and recognition of the medicinal use of cannabis in Brazil, providing patients who depend on these treatments with a more accessible and safer option for alleviating their medical conditions.