Cannabis-based products regulation in Brazil and possibility of supply by the Public Health System for patients with chronic pain

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Glória Emanuele Silva Medeiros
Marcelo Lamy

Abstract

Context: This study studies the regulation of the need for the public health system to provide cannabis sativa-based products for patients with chronic pain. Problem: Although there is evidence of the efficacy of these products for the treatment of chronic pain in patients refractory to traditional treatments, there is no national policy that supports the provision of these products. Objectives: The aim is to highlight the need and urgency of making the State responsible for regulating and distributing products derived from Cannabis sativa and to study their inclusion in the list of medications provided by the SUS for patients with chronic pain. Methods: Bibliographic survey of medical evidence and national regulatory documents, analyzed through the bias of narrative review. Results: A certain degree of efficacy in the use of cannabinoids in patients with chronic pain is evidenced, with some cannabinoids being more effective than others. In the country, the use of such products is only accepted in certain states for certain therapies, not for chronic pain, and since other treatment options have proven ineffective. From a national perspective, only importation and acquisition by the patient themselves is permitted; there is no provision for supply by the public health system. Conclusions: Cannabis-based products can be considered a viable treatment option for patients affected by chronic pain syndromes, and the alternative of using them as an adjuvant treatment cannot be ruled out. For this reason, the country must establish a national policy to ensure their supply.

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Author Biographies

Glória Emanuele Silva Medeiros, Universidade Santa Cecília

Undergraduate in Law from Santa Cecília University (UNISANTA), CNPq Scientific Initiation scholarship holder

Marcelo Lamy, Universidade Santa Cecília

Master's degree in Administrative Law from USP. Doctorate in Constitutional Law from PUC-SP. Bachelor's degree in Legal Sciences from UFPR. Post-doctorate in Public Health Policies (FIOCRUZ/Brasília). Post-doctorate student in PPG in Constitutional Jurisdiction and New Rights at UFBA. Permanent Professor and Vice-Coordinator of the Stricto Sensu Postgraduate Program, Master's degree in Health Law, and Professor at the Law School of Universidade Santa Cecília. Leader of the CNPq\UNISANTA Research Group "Human Rights, Sustainable Development and Legal Protection of Health". General Director of the Migrant Rights Observatory (UNISANTA). Coordinator of the Public Policy Laboratory (UNISANTA). Public defender at the Regional Council of Medicine of the State of São Paulo. Founder of the Research Center "Higher School of Constitutional Law - ESDC". Editor-in-Chief of the Brazilian Journal of Constitutional Law - RBDC. Lawyer.

How to Cite

MEDEIROS, Glória Emanuele Silva; LAMY, Marcelo. Cannabis-based products: regulation in Brazil and possibility of supply by the Public Health System for patients with chronic pain. Unisanta Law and Social Science, Santos, v. 13, n. 2, p. 1–15, 2024. DOI: 10.66221/v13n2p1. Disponível em: https://periodicosunisanta.ojsbr.com/LSS/article/view/2472. Acesso em: 17 mar. 2026.

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