Brazilian Superior Court of Justice approves self-cultivation of cannabis for medical purposes

Last Tuesday, the Brazilian Superior Court of Justice authorized three patients to grow cannabis for medical purposes, a decision that is expected to be applied nationwide in similar cases.

A panel of five judges from the country’s Superior Court of Justice unanimously ruled that the three patients could grow cannabis. The cases in question primarily concerned the extraction of cannabidiol to relieve their pain. Brazilian law currently restricts the medical use of cannabis-derived products to imported products.

The Brazilian Ministry of Health has not home cultivation has not yet been regulated cannabis for medical purposes.

Judge Rogerio Schietti stated that the Supreme Court panel had acted because the government had not taken a position on the matter.

Religion and the Far Right

«The argument against this possibility is moralistic. It often has a religious character, based on dogmas, false truths, and stigmas,» said Judge Schietti. «Let’s put an end to this prejudice, to this moralism that hinders progress on this issue at the legislative level and that so often clouds the judgment of Brazilian judges.»

Judge Antonio Saldanha stated that 'there is a deliberate move backward toward obscurantism.» in the Brazilian government's delay.

President Jair Bolsonaro, a far-right politician facing a tough re-election battle in October, stated in June 2021 that he opposed allowing Brazilians to grow cannabis at home, regardless of their purpose.

Former President Luiz Inácio Lula da Silva, the leader of the left-wing Workers' Party, is leading in all opinion polls to regain the office he held from 2003 to 2010, and is in favor of legalizing cannabis.