Medical Cannabis: Patients Issue a Formal Notice to the Government to Break the Deadlock

The issue of medical cannabis may now move to the courts. Faced with delays that are holding things up its integration into the French healthcare system, two patients from Lozère who are active members of Chouett’nature Cévennes – Healthy Occitanie have sent a formal notice to Prime Minister Sébastien Lecornu. Their goal: to secure the signing and publication of the regulatory texts necessary for medical cannabis to be incorporated into general law.

Both of whom are directly affected by serious medical conditions—including multiple sclerosis and a tumor—and have also been leading initiatives in the sector since 2018, the signatories condemn the consequences of this situation for patients who could benefit from these treatments.

In their letter, they state that the accumulated delays are no longer merely administrative glitches but could constitute a failure by public authorities to fulfill their obligations regarding health protection and access to health care.

The two signatories are asking the government to have the following signed and publish the required texts in the Official Journal within fifteen days as of the date of receipt of their letter, on October 23. Failing that, they reserve the right to bring the matter before the competent courts and authorities to have any breaches by the government formally recognized.

Patients Directly Affected

Behind this legal initiative are the stories of two patients personally affected by serious medical conditions. They are quick to point out that several thousand patients remain deprived of a treatment option that has, in fact, been the subject of a clinical trial overseen by French health authorities. They find this situation all the more difficult to understand given that the program was specifically designed to assess the feasibility of prescribing medical cannabis for certain conditions.

To support their formal notice, the authors cite several legal grounds. In particular, they cite the Preamble to the 1946 Constitution, which enshrines the protection of health, as well as several provisions of the Public Health Code relating to equal access to care, respect for patients’ dignity, and the right to receive the most appropriate treatments.

Central to their argument is also the issue of equality among patients. The signatories point out that some patients have access to treatments that carry significant side effects or risks, while others are still denied a cannabis-based treatment option, yet evaluated as part of a national pilot program.

They believe that this difference in circumstances could raise questions regarding the principle of equality and the prohibition of discrimination in access to health care.

The letter goes further by raising the possibility of holding the State and the competent authorities liable, including under criminal law, provided that the conditions set forth by law are met.

A public health issue with political implications

Beyond the personal circumstances of the two signatories, this formal notice highlights the tensions surrounding the establishment of sustainable access to medical cannabis in France. For the patients involved, the issue now goes beyond the regulatory timeline: it concerns the concrete consequences of these delays on their medical care.

The Dr. Pascal Douek's Career Path, who died before he could benefit from the program he had helped establish, painfully illustrates the disconnect between the progress that has been announced and the reality experienced by patients. It also serves as a reminder that, behind administrative deadlines, the passage of time does not have the same consequences for public authorities as it does for patients awaiting treatment options.

By addressing the head of government directly, the two signatories hope to obtain a concrete response on an issue that they believe has taken far too long to be resolved.

It remains to be seen how Matignon will respond to this formal notice.