São Paulo Court Grants Couple Right to Grow Cannabis for Children Care

RIO DE JANEIRO, BRAZIL – The São Paulo Court of Appeals granted habeas corpus to allow a family to grow cannabis for medicinal purposes in the state. The decision granted a request from the São Paulo Public Defender’s Office, which pointed out the medicinal need for the product since the couple’s ten and seven-year-old children were diagnosed with Autism Spectrum Disorder.

The medical report pointed out that the children displayed significant and persistent communication and social interaction deficits in multiple contexts, a restricted and repetitive behavior pattern, interests, and activities, in addition to changes in sensory integrity. The treatment now depends on imported medication since the product was experiencing supply issues in Brazil.

With no financial means, the family living in Campinas was represented by the Public Defender’s Office. According to the attorneys, despite the National Health Regulatory Agency (ANVISA) regulation, which allowed the use of cannabis products for medicinal purposes, such drugs are expensive and subject to the dollar exchange rate variation.

For instance, the average price of a bottle of cannabidiol-based oil sold in drugstores is approximately R$2,500 (US$455). In Brazil, only one company is authorized to produce it, but with the increase in demand, the association experienced supply shortages.

In a vote, the 14th Chamber of Criminal Law granted the couple the right to grow cannabis solely and exclusively for the treatment of their children, excluding the family from being criminally prosecuted.