According to the Minister of the Court, the patient will not be able to commercialize, donate or transfer raw material or derivatives of the herb.
The minister of the STJ (Superior Court of Justice) Rogério Schietti Cruz authorized that a man, who in the decision did not have his name revealed, with generalized anxiety plant up to 354 plants cannabis per year in his residence to carry out his therapeutic treatment.
He will not be able to commercialize, donate or transfer to third parties the raw material or derivatives of the herb. Here’s the full of the decision (208 KB).
In the records, the man said that he has suffered from anxiety since childhood and that he has always lived with stomach aches and sleep disorders. In 2020, he started treatment with cannabis medicinal, with prescription and medical follow-up, but the high cost of imported and national medications made treatment difficult.
KEPT PRESCRIPTION
According to the patient’s defense, even prescribing the homemade oil, the doctor also maintained the prescription of in natura cannabis flowers that are not available in the national or international market and are only obtained through home cultivation.
“The benefit does not prevent the administrative control of the planting, cultivation and transportation of the substance, outside the terms specified herein”emphasizes the decision.
When granting the benefit, the minister took into account that the man has a medical prescription, authorization from the Anvisa for importing cannabidiol, “to show that the health surveillance agency itself recognized the need for the patient to use the product”and report by an agronomist.
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