Superior Court in Brazil Affirms Right to Cannabis Home Grow

Superior Court in Brazil Affirms Right to Cannabis Home Grow
High Times

On Tuesday, Brazil became the newest country to decide that sick people can cultivate cannabis and extract its components into oil to treat chronic pain. The case is significant domestically. Currently the law prevents domestic cultivation of all kinds. Cannabis-based medicines that are dispensed legally must all be imported, although Brazil is currently wrestling with how to proceed with further domestic reform. As a result of this decision, the Brazilian Health Ministry must now set up regulations to guide the same. This is exactly what the judges intended. Judge Rogério Schietti said that the court acted because of the failure of the government to take a scientific position on the issue. “The discourse against this possibility is moralistic. It often has a religious nature, based on dogmas, on false truths, stigmas,” he said. “Let us stop this prejudice, this moralism that delays the development of this issue at the legislative, and many times clouds the minds of Brazilian judges.” What he did not add is that this is an issue which has clouded the minds of both legislators and judges, not only in Brazil but other countries too. The issue of patient home grow is controversial everywhere. Yet it is this right that has moved cannabis reform of a federal kind forward in multiple countries, starting with Canada. In Germany, for example, the right to grow your own cannabis was removed from patients in 2017 almost as soon as it was granted via court decision after the legalization of medical use by the legislature. The subsequent failure of the insurers to cover sick people—with a refusal rate that some analysts are putting at about 50% of all claims—makes such legislative changes vital as the country considers further reform. Yet Germany is far from the only country where similar legal challenges…

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Source : Superior Court in Brazil Affirms Right to Cannabis Home Grow

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