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Media Report Brazil: Lawyers From Cescon Barrieu Advogados Discuss Medical Cannabis Issues

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This Tuesday, the 21st section of the STJ decided suspend all actions in court that discuss authorization to import and grow cannabis for medicinal, pharmaceutical or industrial purposes. For the judgment of an assumption of jurisdiction incident, in addition to the national suspension, the rapporteur, Minister Regina Helena, convened several bodies to express an interest in participating in the process, such as the anti-drug secretariat of the Ministry of Justice; the Ministry of Agriculture and the Federal Council of Medicine.

To understand how the topic has been faced in Brazil, Migalhas listened to lawyers Luciano Inácio de Souza and Mariana Ferreira, from the office Cescon Barrieu Advogados.

They quote that vseveral countries have already regularized the medical use of cannabis. Among them are Canada, Uruguay, Germany, Argentina, Chile, Colombia, South Africa and some states in the USA.

 

In 2022, the 6th STJ class, in a historic decision, granted a safe-conduct for planting cannabis for medicinal purposes. Remember here.

STF itself has also faced aspects related to cannabis for medicinal purposes recently.

In 2011, the Court decided that there is general repercussion in the discussion about the constitutionality of considering the possession of drugs for personal consumption as a typified crime; the leading case is the RE 635,659, theme of general repercussion 506. Trial had start in 2015.

In 2021, the Supreme Court decided that States must exceptionally supply cannabis-based medicines as long as they have an import authorization granted by Anvisa. The decision took place at the RE trial 1,165,959.

Legislation

Lawyers explain that the Brazilian legislation responsible for the subject is the Drug Law ( law 11,343 / 06), which expresses the prohibition on planting, growing, harvesting and exploiting drugs – but it itself establishes caveats for use for medicinal and scientific purposes.

Art. 2

Single paragraph. Can the Union authorize the planting, cultivation and harvesting of the vegetables referred to in the caput of this article, exclusively for medicinal or scientific purposes, in a predetermined place and period, through inspection, the aforementioned caveats are respected.

But cannabis is on the list of banned substances in Brazil – that is, for prohibited use, according to the Ministry of Health ( MS / SVS ) 344/98.

Anvisa, in turn, approved the DRC resolution in 2019 327/19, which established the requirements for marketing, prescription, dispensing, monitoring and inspection of cannabis products for medicinal purposes.

In the same sense, Anvisa establishes, through IN 71/20, the inclusion of a declaration on a new formula in the labeling of low-risk notified medicines, traditional herbal products and cannabis products when their composition changes.

In 2022, Anvisa’s Collegiate Board approved the DRC 660/22, which addresses the criteria and procedures for the import of products derived from cannabis, by individual, for own use, under prescription by a legally qualified professional, for health treatment.

Finally, within the scope of the Federal Council of Medicine, it appears that, under the CFM resolution 2,326 / 22, the effects of CFM resolution 2,324 / 22 – which, despite approving the use of cannabidiol, restricted the use by medical professionals – is temporarily suspended.

Advances

Lawyers point out that Brazil has advanced regulations on the use, trade and production of cannabis for medicinal purposes, from an administrative point of view, via standards issued by Anvisa, agency responsible for the regulation of medicines and health products.

From a legislative point of view, there are different bills in the National Congress that are underway, addressing topics such as plant cultivation and use for recreational and industrial purposes.

They also note that the normative improvement on cannabis products is found in item 8.37 of Anvisa’s regulatory agenda for the financial year 2021-2023.

Source: https://www.migalhas.com.br/quentes/383451/cannabis-medicinal-advogados-explicam-como-estao-os-avancos-no-brasil



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It All Turned A Bit Bogan At Aussie Medical Cannabis Symposium

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Thanks to Hemp Gazette for spotting this – I have to admit I missed it and unsurprisingly nobody made me aware of it The Linked in Post from the organisers Some Comments



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And Today’s Mass CCC Drama Is… plot to “take out” O’Brien as punishment for investigating serious allegations of cover-ups, abuse and misconduct within the agency.

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C/- Grant Smith – Ellis

I do hope there is a Netflix scriptwriter following his posts – all this would make a perfect update to Parks & Recreation or The Office..

Here’s a taste of the latest episode

 

In shocking development, former Massachusetts CCC Chair Shannon O’Brien alleges State Treasurer Deb Goldberg violated court order in an attempt to keep secret details about a plot within the CCC to “take out” O’Brien as punishment for investigating serious allegations of cover-ups, abuse and misconduct within the agency.

Furthermore, say O’Brien’s lawyers, Goldberg attempted to spread this incorrectly redacted document to the press in an attempt to obfuscate the serious allegations directed at CCC staff (and currently being hidden from the public by way of these risky redactions).

A section of Thursday’s motion from former CCC Chair Shannon O’Brien, alleging violations of a court order by State Treasurer Deb Goldberg. (Released via MassCourts, 2/13/25)

O’Brien, in turn, is asking the court to order the entire document unsealed for pubic review as a sanction for Goldberg violating the court’s specific instructions as to redactions.

“Given the nature of the underlying proceedings, and the asserted bases for Plaintiff’s removal as Chair of the CCC, the Court is, frankly, skeptical that the administrative record itself is likely to contain a significant amount of protected personal information that satisfied the narrow definition of same under SJC Rule 1:24,” said judge Robert B. Gordan (who is specially assigned to the matter) in a prior ruling instructing Goldberg as to how to go about filing the redacted document in question. Read more background about that ruling here – https://www.patreon.com/posts/121109593

A section of the original court order that O’Brien alleges Goldberg violated. (Released via MassCourts, 1/30/25)

Then, in a strong, rebuke to Goldberg, Judge Gordon went on to say, …[T]he Treasurer has not identified, and the Court has not located, any case authority suggesting that an administrative record filed in the context of a review under G.L.c. 249 Section 4 or G.C.c. 30A is subject to the broader strictures of [the Fair Information Practices Act/FIPA], to claims of attorney-client privileges asserted after the subject information was disclosed in an administrative proceeding, or to a privet promised of confidentiality that a governmental agency may have extended to a complaining employee, such as would justify impoundment or redaction of the administrative record on those grounds.”

In turn, Goldberg’s shocking decision to attempt to hide most of the document in question from public view may well draw the ire of the court upon review thereof.

A hearing on the matter has been requested, but not yet scheduled, in Suffolk Superior Court.

’Brien alleges that a group of CCC staff members –attempting to cover up serious allegations of abuse, misconduct and corruption– “took out” O’Brien with pre-textual smears after she attempted to reform the beleaguered regulatory juggernaut.

Goldberg, O’Brien further alleges, is attempting to hide documents related to O’Brien’s suspension (and eventual dismissal) that may show a plot by Nurys Camargo, Shawn Collins, Cedric Sinclair and other CCC personnel to “take out” O’Brien with pretextual allegations of misconduct. Those documents are currently being kept private by Goldberg’s office because of the explosive allegations of misconduct (directed at some of Goldberg’s friends/allies) included therein.

Plenty more at

https://www.patreon.com/posts/new-overnight-in-122264111?utm_campaign=patron_engagement&utm_source=post_link&post_id=122264111&utm_id=8eb034e7-1b0e-497d-b0de-90b535ee76e9&utm_medium=email

 



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Royal Queen Seeds Fund Campaign In Germany Saying There’s A Lot of Poo In Illegal Weed.. and yes hilarity ensues with puns about smoking good shit

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Only one in five samples classified as “clean”

After eight months of work and with the fantastic support of over 200 volunteers, the submitted samples were tested for biological components, pesticides, and other drugs.* And the results were shocking: Out of more than 300 samples tested, only around 20 percent were classified as safe and clean products. The majority of the remaining 80 percent contained traces of substances such as human and animal feces, Covid-19, and influenza viruses. We also found traces of cocaine, ketamine, crystal meth, MDMA, and even compounds from hairspray, as well as traces of toxic pesticides that are classified as illegal in Europe.

Worst test results in Berlin, Hamburg, and Munich

How the individual cities performed in the study is shown in the following overview, listed in descending order from most to least contaminated samples from 30 German cities and 20 other European metropolises.

*Please see below for detailed information on the analysis methodology.



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