As implicações penais e processuais penais concernentes à regulamentação do uso da Cannabis sativa para fins medicinais.

Abstract

Although Cannabis sativa is a substance known and exploited by mankind for millennia, especially regarding its psychoactive properties, of a therapeutic nature, there are still questions regarding its effectiveness when used for medicinal purposes. As a consequence, legal systems of a repressive nature are applied in order to control its possession, acquisition and transportation, particularly in Brazil, where such acts are criminalized. This perspective has potentialized the elaboration of research regarding the regulation of the medical use of the substance in the country, considering the necessity of its components for the treatment of nonconvertible diseases when only conventional clinical manoeuvres are used. In this sense, this work presents an analysis concerning the criminal and criminal procedure implications in the scope of the aforementioned medical use regulation, seeking to ascertain historical and legal aspects that are associated with such regulation. The choice of this theme was motivated by the continuity of the debates about the medicinal application of the plant, which conferred an urgent character to the subject treated. Initially, a theoretical and judicial review of marijuana history in the world and the Tupinikin nation, with a view to contextualizing origins and their presence in other legislation, provided the basis for the analysis of the real case faced by the Associação Brasileira de Apoio Cannabis Esperança (ABRACE). These data were analyzed through a qualitative approach, allowing the exploration and mapping of factors that evidence the benefits of Cannabis when used for medicinal purposes, as well as the understanding of its impacts in contemporary social and legal environments. The final considerations of this study were that although there has been a long journey in relation to the Cannabis regulation and several have been the benefits and favorable aspects of the achievements already obtained, there is still room for civil and state mobilization with regard to substance , given the difficult access that persists, as well as the socio-legal stigmas that prevent its free use for herbal treatments.