STJ decides which patient is entitled to receive cannabidiol from the Union

The Superior Court of Justice (STJ) decided that the Union and the State of Pernambuco should provide cannabidiol-based medication to patients with specific health conditions. In the trial held on Tuesday (16), the 2nd Panel of the Superior Court of Justice decided to follow the understandings of the Federal Public Ministry and the Regional Court of the 5th Region. The release of the use of cannabidiol-based medicine for the treatment of an underage girl with a specific health condition was determined. The chemical substance of Cannabis Sativa must be accompanied by a medical prescription that indicates dosage and duration of use. After a first trial of the case at the TRF, the Union and the State of Pernambuco filed an appeal against the determination, alleging, among other factors, the fact that there was no registration of the drug at the National Health Surveillance Agency (Anvisa); absence of studies proving the effectiveness of the medication; in addition to the existence of laws that prohibit the supply of the medicine. On the other hand, the Federal Public Ministry argues that there is, in the specific case of the patient, an exceptionality that justifies the use of the drug even if the substance does not have authorization from Anvisa. The Court considered that there is no evidence of the ineffectiveness of cannabidiol, which even already has authorization from Anvisa to import the drug; that there is a medical prescription recommending the use of the drug; and that the alternative treatments available in the Unified Health System did not have the desired effect. The information is contained in the report of the judicial expert. In the decision, it was also highlighted that Anvisa has already approved a total of 16 medicinal products based on Cannabis Sativa extract, 10 of which are purified substances isolated from cannabidiol, thus there is no prohibition for use in the res judicata. Listen on Radioagência:

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