Cannabis self-cultivation for pain patients?

Pain patients are suing for permission to grow cannabis

07/11/2014

The use of cannabis for the treatment of pain patients is now also allowed in Germany, but the affected patients need a special permit to buy cannabis in the pharmacy. The Administrative Court of Cologne is now dealing with five cases in which the pain patients want to enforce a permit to hemp self-cultivation.

On Tuesday „The Cologne Regional Court of Appeal held oral proceedings in proceedings in which the plaintiffs wanted to obtain permission from the Federal Office for Drugs and Medical Devices (BfArM) to grow cannabis for self-consumption for therapeutic purposes“, so the message of the administrative court. The plaintiffs already have one because of their diagnosed complaints „Permission for the acquisition and therapeutic use of cannabis flowers.“ But exceed the cost of up to 1,000 euros their financial resources, especially since no reimbursement by the health insurance companies. According to the argumentation of the plaintiffs, this problem could be remedied by cultivating and they could supply themselves with the required cannabis for significantly less money.

Federal Office for Drugs and Medical Devices rejects self-cultivation
The request of a 33-year-old plaintiff in Marburg to approve cannabis cultivation by the BfArM was rejected in 2010 on the grounds that the cannabis was not adequately protected against access by third parties (theft) during cultivation in the dwelling. In addition, the Federal Republic committed itself in 1961 in the international narcotic drug convention to approve cannabis cultivation only after the creation of a national cannabis agency. Decisive for the subsequent complaint of the 33-year-old were according to own data, the monthly costs for the acquisition of the Cannabis. He had to pay € 650 a month for the purchase of cannabis, which alleviated the pain in his right foot, which he had repeatedly broken in a traffic accident in 2005.

Cannabis for pain therapy
The plaintiff's initial treatment, which was a right ankle screw, was fraught with complications, but due to fear of infection, the patient decided against removing the remaining screws, staples, and plates „Doctors newspaper“. The infection risk had been confirmed by his former doctor, who explained that the glands would normally be removed in such cases, but after the removal of material there is a high risk of infection. In the worst case, an entrapped germ could still lead to an infection even after years. Thus, the plaintiff has contradicted the distance for understandable reasons and must live since then with the pain in the foot. The therapeutic use of cannabis flowers, however, could be significantly alleviated.

Costs for self-cultivation significantly lower
However, the cost of buying the cannabis exceeded the plaintiff's budget, which led to his choosing to grow his own home. In a separate room of his three-room apartment operates the Marburger, according to the „Doctors newspaper“ since then, a small hemp plantation, where he has quantified his daily needs to ten grams. In this context, the Federal Office for Drugs and Medical Devices criticized the fact that the plaintiff had increased his cannabis dose without consulting the attending physician. However, the plaintiff replied that the self-grown cannabis plants were significantly less potent than cannabis from the pharmacy. Originally, he had been awarded a daily dose of 1.5 grams. In the current proceedings, the plaintiff is trying to enforce the approval for the cultivation of a maximum of 20 plants.

No general release of cannabis
According to the information provided by the administrative court in Cologne „In all procedures, the questions of possible treatment alternatives and the necessary safety precautions in the cultivation of plants are discussed in detail.“ In addition, it was also the subject of the discussion, „the extent to which the Federal Office for Drugs and Medical Devices has a discretionary power in the decision on the applicants' claims.“ At the hearing, presiding judge Andreas Fleischfresser also made it clear that it was not a matter of trial „general release“ cannabis, but should be clarified by the court, „whether in special exceptional cases, a self-cultivation of cannabis plants and the processing of the plants for therapeutic self-consumption can be allowed.“ (Fp)