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Ministers ruled on two appeals and allowed the group to grow cannabis without the growth being considered a crime.The decision is only valid for decided cases, but can guide other cases.
On Tuesday, ministers in the High Court’s Sixth Committee (STJ) unanimously allowed three people to grow cannabis for medicinal purposes.The decision is unprecedented in court.
Ministers analysed appeals from patients and family members who used the drug and wished to grow it without being regulated and penalised under the Drugs Act.Following the decision, the court ruled that growing marijuana was not considered a crime, and the government did not hold the group accountable.
The judgment of the sixth collegiate panel is valid in the specific case of the three appellants, however.Still, this understanding, while not binding, may guide similar decisions in lower courts in cases discussing the same subject.During the meeting, the Deputy Attorney General of the Republic, José Elaeres Marques, stated that the cultivation of cannabis for patients with serious medical conditions cannot be considered a crime, as it falls under the law of an illegal act known as a state of necessity Exclusion range.
“While it is possible to import and obtain products through associations, in some cases price remains a determining factor and a disincentive for continuity of treatment. As a result, some families have resorted to judiciary, through habeas corpus, in their search for viable alternatives The order requires the cultivation and extraction of medical cannabis extracts at home without the risk of arrest, and participation in cultivation courses and extraction workshops promoted by the association,” Marques said.
The STJ’s historic decision should have repercussions in lower courts, further increasing the judicialization of cannabis cultivation in Brazil.https://t.co/3bUiCtrZU2
The STJ’s historic decision should have repercussions in lower courts, further increasing the judicialization of cannabis cultivation in Brazil.
The rapporteur on one of the cases, Minister Rogério Schietti, said the issue involved “public health” and “human dignity”.He criticized how agencies in the executive branch handled the problem.
“Today, neither Anvisa nor the Ministry of Health, we still refuse the Brazilian government to regulate this issue. On the record, we document the decisions of the aforementioned agencies, Anvisa and the Ministry of Health. Anvisa transferred this responsibility to the Ministry of Health, and the Ministry of Health exempted itself , said it was Anvisa’s responsibility. So thousands of Brazilian families are at the mercy of the state’s negligence, inertia and disregard, which I repeat means the health and well-being of many Brazilians, most of whom can’t buy the drug,” he stressed.