The path of judicialization practiced in the medical cannabis market in the country begins to collide with pressure from a group of companies that have come to see the issue as a threat to competition.
From 2019 to 2021, the São Paulo Health Department’s expenditure on lawsuits against patients who oblige the state to pay for treatments with marijuana medicine rose 455%, according to a study by BRCann (industry association) and the parliamentary front in defense of industry in Alesp.
Also according to the study, the government spent nearly BRL 20 million last year on the acquisition of cannabis medicine by court order. In addition to concerns about the cost to the state, part of the market believes that judicialization may be benefiting some companies to the detriment of others, which harms competition.
To solve the problem, the idea in the bill is for the state to buy and distribute cannabis-based treatment through the SUS, according to Deputy Sergio Victor (Partido Novo).
“This allows the state to program itself and make better purchases and can help more people with these purchases. Today, the state already spends a large amount of money annually via judicialization. We want this to enter the Budget”, says Victor.
He claims that between January 2019 and October 2021, the state spent more than BRL 38 million on imports of cannabis derivatives for medicinal purposes to comply with court decisions.
“If I opened a bidding process and could make a purchase properly, I could buy it cheaper. When it comes via judicialization, the state has to comply with the measure. And in the lawsuit, sometimes, we have seen that the amount purchased for each patient is above what the treatment requires. If the state has the follow-up of the treatment, it can make better purchases to serve the patients”, says the deputy.
Tarso Araújo, director of BRCann, says that the debate at Alesp can help expand care for other patients who do not have access to judicialization to obtain their treatments with cannabinoids.
“The increase in the health department’s expenses with these products is the main symptom that we need a policy to expand access”, he says.
Joana Cunha with Andressa Motter
I have over 8 years of experience in the news industry. I have worked for various news websites and have also written for a few news agencies. I mostly cover healthcare news, but I am also interested in other topics such as politics, business, and entertainment. In my free time, I enjoy writing fiction and spending time with my family and friends.
