A step towards the legalization of medical marijuana in Brazil
The National Health Surveillance Agency (Anvisa) has approved a regulation to regulate the sale of cannabis-based medicines in all pharmacies in the country. This measure represents a significant advance in access to medicinal marijuana products in Brazil.
The Anny Fisher case and the start of a legal battle
The path towards approval of the sale of medicinal marijuana products in Brazil began with the Anny Fisher case. In 2013, her mother, Katiele Fisher, requested a marijuana-based oil with concentrations of cannabidiol to treat her daughter’s CDKL5 epilepsy. However, when she arrived in Brazil, the product was confiscated by customs. At that time, any product derived from marijuana was prohibited in the country.
Katiele Fisher took the case to court in 2014, leading to a legal battle that ultimately allowed the importation of cannabidiol in 2015. Additionally, Anvisa removed marijuana from its list of prohibited substances. However, the process of importing marijuana-based medicines remained slow and bureaucratic, since each case had to be studied individually to obtain authorization from the agency.
Approval of the sale of medicinal marijuana products
On December 3, Anvisa approved the sale of marijuana-based medicinal products in all pharmacies in the country. However, this sale will be subject to specific criteria established by the regulations. The full text of the regulation will be published in the Official Federal Gazette and will come into force 90 days after its publication.
The regulation establishes the procedures for granting health authorizations for the manufacture and import of medicinal products based on cannabis. In addition, it establishes requirements for the marketing, prescription, dispensing, monitoring and supervision of these products. It is important to highlight that the manufacturing of these products must be carried out with imported materials.
The panorama of medical marijuana in Brazil
Although the approval of the sale of medicinal marijuana products represents a significant advance, Brazil is not yet at the forefront of the medical marijuana industry. Countries such as Uruguay and Colombia have legalized marijuana for medicinal use and have developed a thriving industry in this field.
According to Anvisa data, the number of permits granted to import marijuana-based products has increased significantly in recent years. In 2015, 826 permits were granted, while in 2019, 2,726 permits were granted. This demonstrates the growing interest and demand for medicinal marijuana products in Brazil.
The government’s position and future challenges
President Jair Bolsonaro has expressed his position against the legalization of marijuana for medicinal purposes. Although the sale of medicinal marijuana products has been approved, authorization for companies to grow the plant has not yet been granted. This decision has generated controversy and posed challenges for the advancement of the medical marijuana industry in Brazil.
In conclusion, the approval of the sale of medical marijuana products in all pharmacies in Brazil represents an important step towards the legalization and access to medical marijuana in the country. Although Brazil still faces challenges and is not at the forefront of this industry, the growing interest and demand for medicinal marijuana products indicates a promising market in the future.
