O posicionamento do judiciário frente à legalização do cultivo da Cannabis para extração medicamentosa e o primeiro caso deferido no Rio Grande do Sul.

Abstract

The present study has as its subject a jurisprudential analysis on the possibility of legalization of Cannabis, popular marijuana, for exclusively medicinal purposes, more specifically to obtain Cannabidiol oil or CBD, which is the main drug extracted from the plant. Given this, this research presents the following problem: What is the position of the judiciary in relation to the legalization of cannabis cultivation for production of cannabidiol, as it has already been proven effective and accepted by the National Health Surveillance Agency, and it is possible to import the medication, under medical prescription, but is not legally allowed to grow for production in Brazil? And how is the Right to Health, referring to medicinal cannabis, since the release by Anvisa faces the prohibition of cultivation for the production of medication in the country? To account for this work we use the deductive method, where in the first approach, we talk about the right to health in Brazil, its judicialization and the use of illicit substances to treat health; After that, the issues involving Cannabidiol, its production, from plant origins and its commercialization are addressed; and, finally, the position of the Judiciary in view of the current legal situation of Cannabidiol extractive source, which is Cannabis, and it is a plant defined as an illicit drug, also used as a hallucinogen for cultivation banned in Brazil, better known as Marijuana. For this essay, the analytical method and the bibliographical research technique, based on secondary sources such as doctrines, studies on medicinal use, decisions and jurisprudence, are used as a method of procedure. Marijuana drug extraction still faces difficulties, its cultivation is a crime, but the judiciary has been flexible regarding the cases of cannabidiol use for patients with serious diseases that are difficult to control, and it is possible to find several safe ways for home cultivation and extraction. as well as several sentences granting the importation and supply through health insurance or even by the state. Given the studies presented, positive results related to the use of Cannabidiol, the various projects brought to Congress, and the precedents set by exceptions to the law, medical marijuana is making steady strides.