Federal Administrative Court decision on the release of cannabis cultivation as a drug

Federal Administrative Court negotiates cannabis cultivation for self-therapy
On Wednesday, the Federal Administrative Court in Leipzig has decided that under certain conditions seriously ill people marijuana for self-therapy may grow impunity. A man with multiple sclerosis had sued for permission to breed cannabis for himself at home.

In its ruling, the Federal Administrative Court in Leipzig committed the Federal Institute for Drugs and Medical Devices (BfArM) to grant the severely ill claimant an exemption for self-cultivation of cannabis, "because the narcotic is necessary for his medical care and does not provide him with an equally effective and affordable therapeutic alternative The decision is groundbreaking for the future use of cannabis for medical purposes.

Marijuana has long been used for medical purposes
The question of whether to release hemp or not, has been fierce for years. Many advocates are also concerned with the health aspects of marijuana. These are often scientifically proven, such as complaints such as nausea and vomiting. Cannabis has long been used in medicine, among others, for the treatment of chronic pain or against spastic paralysis and convulsions in multiple sclerosis (MS). The 52-year-old plaintiff, who has been suffering from MS for over 30 years, also uses marijuana to relieve his symptoms. He breeds the plants for himself at home. The Federal Administrative Court in Leipzig now had to decide whether the seriously ill plaintiff cannabis for self-therapy may grow.

Marijuana has long been used for medical purposes. Now the Federal Administrative Court has allowed the cultivation for self-therapy. (Image: sashagrunge / fotolia.com)

Grow cannabis for self-therapy
According to the General Court, since 1985 the applicant has been suffering from multiple sclerosis whose symptoms he has treated since about 1987 by the regular use of cannabis. ZWar he was acquitted of the allegation of unauthorized possession and cultivation of narcotics last in January 2005, as the criminal court saw his actions as justified because he had no alternative therapy available. However, the BfArM has so far rejected the petitioner's application for a special permit for the cultivation of cannabis for medical self-sufficiency, which has been filed since May 2000. However, the Administrative Court has now obliged the BfArM to grant the applicant the requested permission. According to Section 3 (2) of the Narcotics Act (BtMG), the BfArM can only grant a license to cultivate cannabis for scientific or other purposes of public interest, exceptionally. The treatment of the seriously ill plaintiff with home-grown cannabis is exceptionally in the public interest, because "the use of cannabis leads to a significant relief of his symptoms and he is currently no equally effective and affordable for him drug available." For cost reasons, the come Acquisition of so-called medicinal hemp from the pharmacy as a therapeutic alternative out of the question. The health insurance of the plaintiff had repeatedly refused to pay.

Basic judgment of the Federal Administrative Court expected
The decision of the Federal Administrative Court in Leipzig is to be regarded as a basic judgment on the self-cultivation of cannabis for critically ill people. The decision can be important for thousands of terminally ill patients. According to the association of interests of the German Hanfverband, at the beginning of 2015 only about 380 people in Germany had a special permit for the use of medicinal cannabis from the pharmacy. Others could not afford the high pharmacy prices and preferred to get their money out of the black market illegally. Last summer, 90 percent of Germans in a survey favored easier access to cannabis for patients, but there is still little movement in politics on this issue. (Ad, fp)