Brazil: Rio de Janeiro passes law for research and cultivation of medical cannabis

Rio de Janeiro is the first Brazilian state to pass legislation for the cultivation and research of cannabis for medicinal purposes. The new legislation follows the 78 authorizations of the courts (habeas corpus) for self-cultivation by patients.

It was a close vote. 36 votes were needed, but 41 state deputies in Rio de Janeiro passed the first law to support medical cannabis research and cultivation in Brazil. The text, authored by Carlos Minc, guarantees support and guidance to patients and family members who need to use the plant, encouraging its dissemination and possibilities for health professionals.

The politicians, who had already approved the text in March, overturned the full veto of the governor of RJ, Wilson Witzel. Among the parliamentarians, many were conservatives or police officers, but they started to support the project after meeting children who improved their quality of life with the use of the plant.

Carlos Minc, author of the draft law. Photo: Alerj Publicity

“Rio de Janeiro is the first state in Brazil that will have a law supporting medical cannabis research, and we will have funds for this, which also determines support for families. Especially children and adolescents who need the cannabidiol that Anvisa (Brazilian health agency) has approved for use, but it has to be imported, very expensive. So the project is not about drug policy, it's about health, research and social assistance. We are going to fight obscurantism and prejudice, support these families who have to go to court to plant cannabis at home”, celebrated Carlos Minc.

When the veto is lifted, the law takes effect immediately. Among the entities that will promote research into the medicinal use of the plant are the Instituto Vital Brasil, the Oswaldo Cruz Foundation and the Foundation for Research Support of the State of Rio de Janeiro (Faperj). According to the author of the project, the law is important, since the vast majority of patients cannot afford to import the product or buy it at the pharmacy, much less they can count on legal advice to obtain a Habeas Corpus (HC) to home cultivation.

Source: Legal Network for Drug Policy Reform

Today, in Brazil, there are 78 judicial authorizations for the individual cultivation of cannabis for exclusively medicinal purposes. The last grant was for a cancer patient in the State of São Paulo, granted on Saturday (June 07th). The data were presented last Friday (June 05th) by the lawyer Emílio Figueiredo, during one of the PTMC Talks sessions (Portugal Medical Cannabis). In the image, however, the HC of São Paulo was not yet included. The new law passed in RJ regulates the cultivation of cannabis for medicinal purposes by patient associations. However, only in cases authorized by federal law. Patient associations may also carry out conventions and partnerships with educational and research institutions, aiming at support for the analysis of medicines in order to guarantee standardization and safety for the treatment of patients.

Out of the 78 individual authorizations, only one patient association has a judicial authorization to plant cannabis in Brazil, the Embrace Hope, in the state of Paraíba. The permission, however, takes place on a preliminary basis and awaits final judgment by the Federal Supreme Court (STF). For most Brazilians who need plant derivatives to treat their diseases, the most common way is to import them, with Anvisa authorization. Two products are also available in pharmacies, Sativex, which costs around 480 euros, and cannabidiol (CBD) from Prati-Donaduzzi, at 375 euros. The price, however, is unaffordable for Brazilian citizens' living standards.
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Featured Image: Orla de Ipanema, Rio de Janeiro. Photo: Pixabay