The CJEU rules that a Russian treated with cannabis must be allowed to stay in the Netherlands

The Court of Justice of the European Union ruled this week that a Russian national seeking to remain in the Netherlands should be granted the right to do so. The man developed a rare form of blood cancer when he was 16 and is currently undergoing treatment, including cannabis-based therapy, which helps him live without significant pain.

The Court of Justice ruled that the man should not be sent back to his home country, even though the Netherlands had rejected his asylum claims. It stated that the lack of appropriate treatment would expose him to pain so severe «that it would be contrary to human dignity,» among other things.

Russia prohibits the use of cannabis, and this issue has become a major international concern ever since the WNBA star Brittney Griner was sentenced August 4. Customs officials said they found vape cartridges containing cannabis in her luggage. The two-time Olympic gold medalist from the United States said she had a prescription for medical cannabis to treat pain.

The Court of Justice of the EU was responding to a question from a local Dutch court seeking guidance on how to address the issue.

Although the case concerns access to medical marijuana, the ruling applies to any medical treatment that is not available in the host country.

«A third-country national suffering from a serious illness may not be removed if, in the absence of appropriate medical treatment in the host country, that national would be exposed to a real risk of a rapid, significant, and permanent increase in the pain associated with that illness,» the Court stated in a press release.

To this end, it must be established that the absence of treatment would result in pain «of such intensity that it would be contrary to human dignity, in that it could cause serious and irreversible psychological consequences, or even lead to suicide,» the press release states.