The Minister of the Superior Court of Justice (STJ) Rogério Schietti authorized a patient to cultivate medicinal cannabis for treatment against generalized anxiety. The man will be able to plant up to 354 cannabis plants per year for the therapeutic procedure.
The patient claimed that he has suffered from anxiety since childhood and that he started to have more severe symptoms, such as severe stomach pains and sleep disturbances. In 2020, the man started to perform therapeutic treatment with medical cannabis, shortly after prescription and medical follow-up.
However, the high cost of international and national drugs, as well as the value of in natura cannabis flowers, make it difficult to continue treatment against anxiety.
With the decision of the STJ, the resident of Paraná will be able to plant and cultivate cannabis to extract the oil from the plant, in order to carry out its medicinal treatment. In practice, the measure prevents it from being framed in the criminal type of Law 11.343/2006, the Drug Law.
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Minister Schietti took into account the report presented by an agronomist and another by a doctor.
“In view of the foregoing, I grant the appeal, in order to grant safe conduct to the appellant to authorize, according to the medical prescription and the report of the agronomist, the planting and cultivation, for the extraction of medicinal properties aimed at its own therapeutic use, from ’96 to 57 plants per cycle every 3 months, totaling from 354 to 238 plants per year, plus the 10 clonal plants’, and prevent any resulting criminal repression measure”, highlighted the STJ minister in his decision.
The magistrate also highlights the prohibition for “commercialization, donation or transfer to third parties of the raw material or compounds derived from the herb”.
