A INÉRCIA LEGISLATIVA E O IMPACTO NO ACESSO À CANNABIS MEDICINAL

Abstract

This study aims to examine the consequences of the lack of regulation of the use of cannabis for medicinal purposes. Cannabis has been used for therapeutic purposes since the plant began to be cultivated by man millennia ago, however, its use was banned in Brazil at the beginning of the 20th century, motivated by racial reasons. In recent years, the demand for cannabis treatments has increased considerably in Brazil. However, the lack of legislation regulating the medicinal use of the plant has been a significant obstacle. This slowness on the part of the legislature prevents patients who need these medications, especially those in a vulnerable socioeconomic situation, from having access to them. The methodology used in the research was based on studies, jurisprudence and normative acts that deal with the subject. The research results demonstrated that the inaction of the Public Administration and the Legislative Branch in regulating medicinal cannabis promotes the judicialization of health. The judiciary proves to be the only public alternative to obtain cannabis-based medicines and permission to cultivate the plant for oil extraction purposes, ensuring that public authorities refrain from adopting measures to restrict freedom and movement.