Cannabis cultivation Serious disease achieves partial success

Cannabis cultivation: seriously ill person achieves partial success in the administrative court. Federal Office must re-evaluate self-cultivation.

22/01/2011

A plaintiff suffering from multiple sclerosis (MS) was able to achieve a partial success before the Administrative Court of Cologne. Following a rejected application for self-cultivation of cannabis by the Federal Office for Drugs and Medical Devices, the patient's request must now be revised. The previous refusal was classified by the judges as unlawful. The Federal Office has now been ordered by the court to decide on the case again.

In some studies, positive effects of the active substance THC contained in cannabis plants could be demonstrated. For example, muscle-relaxing, calming, mood-enhancing, appetite-stimulating, antiemetic (inhibition of nausea), pain-relieving, bronchial dilatory and intraocular pressure-lowering effects are scientifically well documented. Especially in multiple sclerosis patients relaxing and relaxing effects of the muscles were found. In addition, the active ingredients are suitable for calming and relieving pain. Therefore, the plaintiff seeks a special permit under the Narcotics Act (BtMG) for self-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 have „favorable effects“ had on the symptoms of the patient. In particular, good results in the area of ​​motion coordination could be achieved. Nevertheless, the Federal Office for Medicines denied the self-cultivation of cannabis plants. The federal authority argued that such a permit violated the international narcotic drug convention. In addition, own cultivation of the plants for the medical care of the patient is unsuitable because the quality of the active ingredients can not be officially proven.

Federal Office for Medicines must re-examine approval
The Administrative Court objected to the fundamental rejection of the Federal Office. The patient's years of consumption is certainly proof that the patient is at least not harming himself or herself. On top of that, such a license does not necessarily have to be rejected with a violation of the international search substance agreement. In fact, there is a margin of discretion for the federal authority, also within the framework of the agreement. The authority must examine whether within the margin the interests of the plaintiff are adequately taken into account. The judgment is not yet final, as an appeal to the Higher Administrative Court in Münster is permitted. (Sb)

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Picture: Susanne Schmich