Cannabis self-cultivation allowed for MS patients?

Cannabis home-grown for medical purposes allowed? MS patient achieves partial success in court action

22/01/2011

The self-cultivation of cannabis for medical purposes may be permitted. This emerges from the judgment of the administrative court of Cologne published on Friday, which has canceled the rejection of the application of a multiple sclerosis patient on the self-cultivation of cannabis by the Bonn Federal Office for Drugs and Medical Devices (BfArM).

In its judgment, the Cologne Administrative Court upheld, at least in part, the action brought by the man for permission to grow cannabis for medicinal purposes. The patient, who has been suffering from multiple sclerosis since 1985, had applied to the BfArM for permission to grow cannabis himself, as regular use of cannabis, according to his doctors, had a positive effect on the movement disorders associated with the disease. However, permanent cannabinoid therapy (such as dronabinol) or Dutch medicinal cannabis (possibly with the approval of the Federal Opium Agency) is significantly more expensive than self-cultivation, and most patients can not afford it. However, the BfArM had - not least due to considerable pressure from the direction of the Federal Ministry of Health - rejected the request of the man. This refusal lifted the Administrative Court of Cologne now. The BfArM was asked to rethink the application of the multiple sclerosis patient.

Rejection of the cultivation of cannabis was unlawful
The BfArM's refusal to cultivate cannabis for therapeutic purposes has been rejected by the Administrative Court as unlawful. The Federal Office had refused the cultivation permit on the grounds that such a permit violated the international narcotic drug convention. In addition, the quality of the active substance in the self-cultivated cannabis was not proven and therefore unsuitable for the medical care of the applicant. The Federal Office also expressed concerns about the safe storage of marijuana. However, the Administrative Court of Cologne did not want to follow the arguments of the BfArM. With regard to the narcotic drug convention, the Federal Office must weigh up, „whether due to the seriousness of the illness of the plaintiff, taking into account the value decisions of the Basic Law itself, a violation of international narcotic drug conventions must be accepted.“ The Search Substance Convention can not serve as a general reason for refusal. Moreover, the Federal Office's assertion that the therapeutic efficacy of cannabis has not been demonstrated so far is irrelevant, according to the judgment of the Administrative Tribunal. For in the present serious illness of the plaintiff could already „the improvement in the subjective state of mind is an alleviation whose opening is in the public interest.“ In this context, the BfArM has a margin of discretion, which must be adequately considered in the interests of the patient, the court ruled.

Cannabis for the treatment of pain and ataxia
Many pain and ataxia patients have similar problems as the plaintiff and now hope on the basis of the current verdict that they can live better with their illness in the future. Because patients, in which conventional drugs, the cost of which the health insurance companies would take over, have no effect, often feel significant improvements in the disease by a therapy with medicinal hemp or cannabinoids. In the long run, however, most of them can not afford such a therapy, and for them, low-cost home-grown cannabis would be a good alternative. But so far the applicants have always been denied cultivation permission. This fundamental rejection has now been assessed as unlawful by the Administrative Court in its groundbreaking decision. In such cases, there are no compelling reasons for refusing to grow cannabis, according to the court's ruling. In particular, the sharp guidelines of the Federal Institute for Drugs should not be applied to patients for whom there are no treatment alternatives. Appeal may be appealed against the judgment of the Administrative Court at the Higher Administrative Court of Münster.

Cannabis self-cultivation is an alternative for many seriously ill people?
„For many critically ill patients, only self-cultivation of cannabis actually enables therapy for their pain, ataxia or other serious illnesses. That is why it is imperative to enable them to grow their own“, Attorney Dr. Oliver Tolmein of the law firm People and Rights (Hamburg), who had led the proceedings for the plaintiff. Tolmein welcomed the decision of the court, but now stands „In particular, the Federal Minister of Health has a duty to show that he really wants to improve the condition of seriously ill people.“ According to the lawyer, the Federal Institute for Medicines originally wanted to grant the claimant's application in the proceedings, but was instructed by the Federal Ministry of Health not to authorize the cultivation of cannabis. Based on the current ruling, the BfArM now has to decide again on the application of the multiple sclerosis patient, taking into account the current state of health of the man. For example, it seems quite clear that permission to plant crops will be available to the plaintiff, but it remains to be seen how the authorities will decide in the licensing procedure. (Fp)

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Picture: Peter Kirchhoff