Legal cannabis cultivation on the horizon in Brazil?
According to a report by Reuters, Brazil’s Superior Court of Justice (STJ), which serves as the supreme appellate court for non-constitutional cases, «has agreed to rule on whether companies and farmers can grow cannabis in the country, which could pave the way for legal cultivation for medical and industrial purposes, after legislative efforts have been blocked in recent years.».
The case was filed by a biotechnology company called DNA Solucoes em Biotecnologia, which «is advocating for the right to import seeds and grow cannabis with higher levels of cannabinoids such as cannabidiol (CBD) and less than tetrahydrocannabinol »(THC), a psychoactive component of the plant," according to Reuters.
Reuters reports that the appeals court’s decision «was made public on March 14 and established its jurisdiction in a national precedent concerning the importation of cannabis seeds and the cultivation of cannabis.».
This decision had immediate consequences.
«From now on, all pending cases regarding authorization to grow cannabis in the country will be put on hold until the STJ issues a final and binding decision,» according to the media outlet.
«Brazil allows the sale and production of cannabis-based products, but companies must import the key ingredients. The Court’s final ruling on cannabis, expected sometime next year, could make it a trailblazer on an issue rejected by many conservative members of the Brazilian Congress, much like the Supreme Court’s 2011 ruling that paved the way for same-sex marriage.»
Last summer, the Superior Court of Justice ruled that the Brazilian patients were able to grow their own cannabis for medical purposes.
In this ruling, the five-judge panel ruled in favor of the three patients who had brought the case to court, authorizing them to grow cannabis for medical treatment. The court’s unanimous decision allowed the three patients to grow cannabis and extract oil from it to relieve their pain.
«The arguments against this possibility are moralizing. They often have a religious character, based on dogmas, false truths, and stigmas,» Judge Rogério Schietti stated in his ruling. «Let us put an end to this prejudice, this moralizing that hinders progress on this issue at the legislative level and that often clouds the judgment of Brazilian judges.»
The Medical cannabis is legal in Brazil, although limited. Recreational cannabis use is prohibited.
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