A patient from Rio de Janeiro, who suffers from scoliosis, migraines, ADHD, sleep disorders, and chronic pain, obtained a preventive habeas corpus authorizing the artisanal cultivation of cannabis for medicinal use until July 2027. According to the records, he presents significant physical and psychological impairments resulting from the clinical condition.

The documents submitted to the Court include a medical prescription, an agronomic technical report determining the cultivation of 149 Cannabis sativa plants per year, the importation of 205 seeds, a certification of training for handling the products, and sanitary authorization from the National Health Surveillance Agency (ANVISA).

Decision's Foundation

The appellate judge Adriana Ramos de Mello highlighted that the technical documentation, the current sanitary authorization, and the favorable opinion from the Prosecutor's Office converge towards the application of the consolidated jurisprudence at the Superior Court of Justice (STJ).

The settled understanding at the STJ is that the artisanal cultivation of cannabis for medicinal purposes, supported by a medical prescription and ANVISA's authorization, is not criminally punishable.

"The request is supported by the right to health, of constitutional hierarchy, and the incrimination of conduct guided by a therapeutic purpose recognized by health authorities and specialized reports is inapplicable. The absence of a specific infralegal norm cannot hinder the exercise of a fundamental right," states the judgment, rendered unanimously.

With information from TJRJ