Judge authorizes São Paulo patient association to grow cannabis

The Court of Justice of São Paulo, in Brazil, authorized this month the members of the NGO Cultivate – Cannabis and Health Association to plant cannabis and produce medicines extracted from plants. It is a Habeas Corpus unprecedented collective, which protects 21 patients from being arrested or having their plants and equipment seized by the Civil and Military Police. Brazil thus surpasses the threshold of hundreds of exceptional judicial authorizations for self-cultivation for medicinal purposes.

Article originally published in the magazine Cannabis & Health, by Marcus L. Bruno, journalist and contributor to Cannareporter in Brazil

Cultive was founded by Cidinha and Fabio Carvalho from São Paulo. They discovered in 2013 that cannabis could alleviate the symptoms of their daughter Clárian's Dravet syndrome, a disease that causes epileptic seizures and delayed psychomotor development. In 2016, the family won a Habeas Corpus to plant and produce medication for the girl. Since then, Cidinha has become a medical cannabis activist, with a strong presence in Brasília. Over the years, Cultive has promoted several cultivation courses for its patients, while fighting in court for the right won last week.

Cultive was founded by Cidinha and Fabio Carvalho, who found in cannabis a therapeutic alternative for their daughter Clárian, who has Dravet syndrome.

“The association is authorized to sow and cultivate the plant only and only in the amount of 224 cannabis plants in each flowering period, which lasts between five or six months, representing 448 plants per year, and according to the established parameters. in the medical prescription”, decided the judge Adriana Barrea, of the Criminal Forum of Barra Funda, in the capital.

The magistrate also set a period of 6 months for the association to present a medical report containing an indication of the need to continue treatments for each of the associates. This will be necessary for the NGO to obtain the renewal of the safe-conduct.

This is the third patient association authorized to grow Cannabis for medicinal purposes in Brazil. The first was Abrace, from Paraíba, in 2017. Last year, Apepi, from RJ, was also authorized, but the injunction was overturned. However, Cultive's decision is unprecedented because it is in the criminal and not civil sphere, like the previous ones.

“It is the first case of criminal action. Since decisions allow many resources, we prefer to use the most obvious action, as unfortunately the law criminalizes those who cultivate regardless of the purpose. We had to use criminal law to say that this is not a crime. Even the prosecutor (Prosecutor's Office), one of the reasons against the order was that it would not be the appropriate action. And we replied that it will no longer be the appropriate action when this activity is no longer a crime!”, explained to Cannabis & Saúde the lawyer Ricardo Nemer, one of the founders of Rede Reforma and who signs the request for habeas corpus.

Dignity is above prohibition, judge says

“By means of this petition, we seek to implement the principle of human dignity, as well as the rights to life and health, which must prevail over the prohibition of cultivating the plant from which the substance used specifically for the treatment of patients, in a context of necessity, adequacy and proportionality”, wrote the judge in the sentence.

“The legislation that guarantees and regulates the right to health must always be attentive to follow the advances of science and medicine, updating and facilitating that citizens can fully enjoy their right to health”, argued Adriana Barrea. .

Civil and Military Police protested against authorization

In the process, the Civil Police of SP highlighted the “difficulty in delimiting parameters for authorization”, as well as regarding the supervision of cultivation, “even more in the case of the case, with several people involved”.

“Once the first seeds have been planted, nothing prevents the plants from developing and multiplying, and the plantation takes on much greater proportions than expected”, highlighted the PC.

The authority defended “that it is not possible to disregard any intentional, culpable, or even unintentional deviations, such as in the event of theft or robbery of substances by third parties”

The Military Police, as well as the Public Ministry, argued that the way of habeas corpus "requires proof of evidence and the abuse of power claimed, which is not perceived in the case", which, for the PM, "causes inadequacy of the chosen path".