- 1. For the first time in Argentina, a federal judge accepted the cultivation of medical cannabis at home for a case of neurological disorder.
For the first time in Argentina, a federal judge accepted the cultivation of medical cannabis at home for a case of neurological disorder.
Salta Federal Judge Julio Bavio has ruled in favor of a family's request to grow plants of different varieties of medical cannabis to treat their six-year-old son who suffers from neurofibromatosis (NF1).
A decision making jurisprudence
A federal judge in Salta, Argentina allowed for the first time the culture home medical cannabis. He was responding to an appeal by the mother of a six-year-old child. He has a neurological disorder that causes severe pain. On the other hand, it responds well to treatment with oils derived from cannabis.
The decision was rendered by Federal Judge Julio Leonardo Bavio. It will set a precedent for the families of patients and organizations supporting cannabis. It allows the mother of the child to grow 12 mature plants and 40 plants of different strains of cannabis.
Medical cannabis in auto-culture
"The judgment says that until the state provides the child with the medicine you need, the mother is allowed to grow different varieties of cannabis to produce cannabis oil nationally," said said Guido Giacosa, one of the lawyers for the woman whose son suffers from neurofibromatosis (NF1).
The decision is based on an interpretation of the right to life which implies "the enjoyment of the best possible health". It is also based on article 19 of the National Constitution, according to which "private actions of men who do not prejudice public order and morality, or harm a third party, are only reserved. to God and exempt from the authority of the magistrates ", and" no one will be forced to do what the law does not order, nor deprived of what he does not prohibit ".
The family had made contact with the lawyers during the first half of last year when, in the absence of certainty about Argentina's legislation on medical marijuana use, they sought legal cover and continue the case. treatment of the child.
Reduce pain and improve quality of life
“The improvement in the quality of life was drastic. Morphine and strong pain relievers had to be taken with adverse health effects. But with the use of cannabis oil, our son, suffering from severe pain, now has friends and starts going to school. The family did not want to stop treatment, ”added Giacosa.
In her particular case, the child's suffering persisted with the oil imported from the United States (Charlotte's Web). Thus, it required a variety of strains so as not to generate a “habituation effect”.
“Her parents had tried a certain oil, but they warned that at the time it had stopped working and they needed to change varieties. They therefore decided to launch an appeal for justice, ”said the lawyer.
The lawyer estimated that "it is likely that other judges will rule in the same way".
Medical cannabis against neurofibromatosis
NF1 is an inherited disorder that occurs in a child on 4000. It causes the formation of tumors in the deep layer of the skin, the nervous tissue of the brain and the spinal cord. This can cause severe pain, nerve damage and loss of function.
A distinctive symptom of this disease is “coffee with milk” colored spots. It can also cause seizures, mild cognitive impairment, hyperactivity disorder, and attention deficit disorder.
On March 29 of last year, the National Congress approved Law 27,350, for the use of medical cannabis and its derivatives. However, he did not explicitly include self-cultivation in his articles.