Under certain conditions, the cultivation of cannabis is allowed for therapeutic purposes. This was decided by the Cologne Administrative Court on July 22, 2014. Five chronically ill men had filed a lawsuit because the medical expenses of a cannabis therapy are not covered by their health insurance.
In three cases the court ruled in favor of the plaintiffs, but pointed out that the admission to self-cultivation was thoroughly and individually tested. This requires a separate room for cultivation. All other methods must be exhausted, and appropriate security requirements have to be met. "That may be lockable windows or shatterproof glass," said court spokeswoman Stefanie Seifert.
A third-party access to the plants and products "has to be excluded with sufficient certainty, the court's opinion says. Regarding one of the plaintiffs, the court considers a reliable cultivation impossible because of him living in a two-room apartment. In the second dismissed case, the plaintiff had not exhausted all reasonable treatment alternatives. Both plaintiffs are entitled to appeal to the Supreme Administrative Court in Münster.
The Cologne Administrative Court ruled, following the hearing on July 8, 2014, that the Federal Institute for Drugs and Medical Devices (BfArM) is responsible for the implementation in the three cases, but also for implementations of future applications. "The authority is now obliged to grant permission. It only has leeway in terms of safety requirements, which must be controlled by them", said the court spokeswoman.
The five plaintiffs have been suffering from chronic diseases for many years. Two men suffer from multiple sclerosis, one from ADHD and two other men suffer from chronic pain since a car accident. They all have a long history of treatment with different drugs which did not help - in contradistinction to cannabis. The ingredients of delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD) are attributed an analgesic, anti-inflammatory and anti-spasmodic effect.
The five men hold a license by the Federal Opium Agency to acquire medicinal cannabis flowers from the pharmacy. However, the use of cannabis on prescription is expensive. The costs are not covered by the health insurance. The cultivation in their own home would be considerably cheaper, say the persons concerned. The Federal Institute for Medicinal Products (BfArM), however, rejected the application as of yet.
Since May 2011, approved proprietary medicinal products on the basis of cannabis can be produced in Germany and prescribed by doctors. Only one extract of
Cannabis sativa, under the name of
Sativex, has been approved, specifically for patients who suffer from multiple sclerosis and severe spastic paralysis and convulsions.
Already for quite some time patients can be prescribed the agents dronabinol and nabilone, both of which have been registered abroad. However, the insurants themselves usually have to bear the costs.
Alternatively, the patients can apply for an exception permit for buying cannabis flowers or extracts "as part of a medically supervised and accompanied self-therapy" to the Federal Opium Agency.
Source:
www1.wdr.de/themen/panorama/cannabis162.html