After a historic Supreme Court ruling, you can now grow your own medicinal cannabis in Brazil

Recently, more than 50 countries (including Brazil) have introduced medicinal cannabis programs, while other countries such as Uruguay, Mexico, South Africa and Canada have legalized its recreational use. Other countries have more restrictive laws, only allowing the use of certain cannabis-derived medicines, including Marinol, Sativex and Epidiolex.

Brazil ruled on Tuesday June 14, 2022 that cannabis can be grown by sick people to extract its constituent into oil to treat chronic pain sufferers. The case is considered domestically significant. Personal use of cannabidiol was considered in the decision, allowing the cultivation of marijuana only for medical purposes with subsequent prescription.

Home growers are being offered a precedent that could lead to more complex legislation, using Argentina as a case study where production of medicinal cannabis and hemp is being conducted legally.

As a result of this decision, rules and regulations must be established by the Brazilian Ministry of Health to serve as a guide. This is the main intention of the judges. Judge Rogério Schietti said the government’s refusal to take a scientific approach to the matter and that this led the court to act in this way. He claimed that debate against the possibility was appropriate. It is usually religious and based on false truths, stigmata and dogma. He reiterated that moralism and prejudice, which are slowing the growth of the problem in the judiciary, should be stopped.

What he forgot to mention was that the issue has occupied both legislators and judges in other countries. The concept of patient home growing is a topic that is very controversial almost everywhere. Regardless, this right has fueled the cannabis reform movement in many countries, with Canada being the first.

For example, in Germany in 2017, patients were stripped of the right to grow their cannabis almost immediately after it was allowed by the court decision after lawmakers made it legal for medicinal use. The rejection rate, at which insurers failed to cover sick people, has been put at 50% by some analysts, prompting the country to consider such legislative changes for further reform. However, Germany is not the only country struggling with these legal challenges.

Why does it matter?

Medical use of marijuana was legalized in Brazil in 2015, but only recently all forms of domestic cultivation are outlawed and all cannabis-based medicines must be imported with strict approval from the National Sanitary Surveillance Agency, although Brazil is currently struggling with ways to go to pursue more advanced domestic reforms.

Brazil became the third country to regulate the sale of medicinal marijuana products in 2019, after Uruguay and Colombia. The semi-finished products can only be imported by the manufacturers after receiving a special certificate from ANVISA. Because there are still import bans for the whole plant.

In 2022, the cannabis-based drug was approved by ANVISA, Cannabis Sativa Extract Ease Labs, joining the other ten drugs approved by ANVISA in the same sector. Six of them only contain CBD, while the other six are extracted from the whole plant.

Why Home Grow Is Considered A Treason

Legalized cannabis industries are one of the biggest opponents of home growing. On the commercial side of this discussion are many others, including the medical community, who are strongly opposed to home growing. The basis of their arguments was the lack of standards and their introduction to the black market or children.

While these situations were seen as less than ideal, the answer in any jurisdiction has always been the suspension of rights, particularly of the chronically ill. Moreover, since the implementation of leisure reform has been a major challenge for some countries in Europe, this is quickly becoming a fairly safe half-step. This question is also a burning question for some countries such as Italy, Luxembourg and Malta, which has not been answered by the current debate on leisure time reform in Germany.

From an industry perspective, human rights are deliberately becoming less profit-oriented. This is one of the reasons why constitutional rights are trumped by commercial ones. For this reason, the industry lobby squarely opposes the right to grow cannabis for recreational or medicinal purposes. This is another reason why growing plants at home for medicinal purposes is still a crime in many legalized countries. As a result, the laws are challenged by patients and not by industry on a case-by-case basis.

Most people are unwilling to be remembered as “cannabis gandis” for trying to confront the horrific consequences of poverty and disease. But the truth is, this is exactly the situation that any country that doesn’t allow for patient home growing is putting its seriously ill populace in. A change in this cruel reality is long overdue and is already taking place on an international scale.

Perhaps Germany would apply the same philosophy to the issue, being the next country to experience this on a federal basis. Finally, the administration told former United States President Donald Trump that capitalism had limits as it attempted to break into the market with a German-made Covid vaccine. In Brazil, this principle has just been confirmed by the Supreme Court

Cannabis companies are already in business in Brazil

In September 2021, MediPharm Labs Corp was confirmed to have a partnership with a distributor based in Rio de Janeiro, XLR8 BRAZIL. The move would strengthen the company’s delivery services to Latin America’s largest medical cannabis market.

Approval of the product would set the two-year contract in motion. This would allow MedPharm Labs to provide a wide range of cannabis concentrate formats for the products formulated by XLR8 BRAZIL.

bottom line

What do you think of the latest developments in the cannabis space in South America? Is the Global Cannabis Industry on the Up? Do let us know your thoughts in the comment section below.

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