Cannabis patient wins right to medical expertise before trial

This is a first in France. Before trying Florence T. for cannabis possession, the Melun Criminal Court will consult a doctor. Professor Marie Sarazin, a neurologist, will be tasked with determining whether Florence uses cannabis for medical purposes or not, even if Medical cannabis is still banned in France. The verdict—that is, the final decision—will be handed down on December 6, following the medical examination.

This woman from the Île-de-France region is being prosecuted by the district attorney's office for drug possession. She suffers from Huntington's disease, a an incurable neurodegenerative disease that can be treated with cannabis. «I need to calm down. I'm taking some CBD oil »During the day, and I smoke a joint in the evening. If I don't smoke, I won't be able to sleep, even if I'm tired.", ", she explains to Newsweed. Before trying cannabis, she had tried medication, but at that time she was suffering from «severe depression.».

For her lawyer, this court ruling marks a turning point. «This could set a legal precedent and thus recognize a ‘state of necessity.’ In this case, it would be a state of necessity applied to public health.», says attorney Dixie Chaillé de Néré, who now encourages patients in similar situations to cite this ruling should they ever have to defend themselves in court.

«A Justice System That Listens to Society»

All of these arrangements remain contingent, since the case has not yet been decided. Florence and her attorney have not yet contacted Professor Sarazin. As permitted by the court, the defense will call upon a “sapiteur”—a specialist in a specific field not covered by the appointed court-appointed expert. This will be Professor Amine Benyamina. This addiction specialist, president of the French Federation of Addiction Studies, had signed a report calling for regulated legalization in 2018. »

«It's great that the courts are requesting an expert opinion rather than simply following the letter of the law, greets the doctor, reached by Newsweed. »It takes patients’ experiences into account, even though the product remains illegal under current law. This proves that the justice system is listening to society.”

The topic of medical cannabis is more relevant than ever. A A clinical trial involving 3,000 patients has been underway in France for the past few days. 750 people suffering from neuropathic pain will be eligible to receive cannabis for two years. Huntington’s disease was not included per se as a condition eligible for medical cannabis under the pilot program, but it could fall under the category of neuropathic pain.