By majority vote. the Third Section of the Superior Court of Justice (STJ) granted, this Wednesday (13), safe conduct to ensure that patients do not suffer criminal sanctions for the domestic cultivation of cannabis sativa intended for the extraction of oil for medicinal purposes. The decision confirms the unified jurisprudence of the two classes of criminal law.
The panel considered that, in addition to the cultivation not being intended to produce or sell narcotics, the patients in the cases analyzed by the section are protected not only by medical prescription, but also by authorization from the National Health Surveillance Agency (Anvisa) to import the cannabidiol, which shows that the health authority itself has recognized the need to use the product in a therapeutic context.
The vote of judge Jesuíno Rissato was followed by the majority. At the demonstration, he highlighted that the absence of state regulation on the cultivation of cannabis cannot harm patients’ right to health. According to a deliberation by the Fifth Panel of the STJ, the 2006 Drug Law does not prohibit the justified use and authorized production of medicinal oil.
Regarding the seeds needed for planting, the ministers considered, at the time of this decision, that the Federal Supreme Court (STF) and STJ understood that they do not contain the active ingredient of cannabis sativa, which would extend safe conduct to the import of seeds. granted for planting.
The section determined that the decision should be communicated to the Ministry of Health and Anvisa.
