Cannabis cultivation: the seriously ill achieves partial success

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Cannabis cultivation: the seriously ill achieved partial success before the administrative court. The Federal Office has to reassess self-cultivation.

A plaintiff suffering from multiple sclerosis (MS) was partially successful before the Cologne Administrative Court. After a rejected application for cannabis cultivation by the Federal Office for Drugs and Medical Devices, the patient's request must now be processed again. The judges judged the previous rejection notice to be unlawful. The court has now ordered the Federal Office to decide on the case anew.

Some studies have shown positive effects of the active ingredient THC contained in cannabis plants. Muscle-relaxing, calming, mood-enhancing, appetizing, antiemetic (inhibiting nausea), analgesic, bronchodilating and intraocular pressure effects are scientifically well documented. In multiple sclerosis patients in particular, relaxing and relaxing effects of the muscles were found. The active ingredients are also suitable for calming and relieving pain. Therefore, the plaintiff is seeking a special permit under the Narcotics Act (BtMG) for the cultivation of cannabis.

Positive effects for the relief of complaints The treating physicians of the MS patient also confirm the positive effects of regular and long-term use of cannabis. The consumption had "favorable effects" on the patient's symptoms. In particular, good results were achieved in the area of ​​movement coordination. Nevertheless, the Federal Office for Medicines refused to grow cannabis plants. The federal agency argued that such a license violated the international narcotics convention. In addition, own cultivation of the plants is unsuitable for the medical care of the patient, since the quality of the active ingredients cannot be officially proven.

Federal Office for Medicines has to re-examine approval The administrative court contradicted the fundamental rejection of the Federal Office. The patient's long-term consumption is certainly evidence that the patient is at least not harming himself. In addition, such approval does not necessarily have to be rejected with a violation of the international search substance agreement. In fact, there is a degree of discretion for the federal authority, including under the agreement. The authority had to check whether the plaintiff's interests were adequately taken into account within the scope. The judgment is not yet final since an appeal to the Higher Administrative Court in Münster is permitted. (sb)

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