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Verdict: Cannabis therapy must have no alternative

Verdict: Cannabis therapy must have no alternative


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SG Osnabrück: MS patient can switch to other drugs

Medical therapy with cannabis is only permitted as a last resort. If there is an alternative therapy, patients should be referred to it, the social court Osnabrück decided in a judgment announced on Wednesday, May 22, 2019 (Az .: 46 KR 455/18).

In this specific case, the plaintiff suffering from multiple sclerosis had been prescribed dried cannabis flowers by his treating neurologist and psychiatrist. In this way, symptoms of MS disease such as pain and sleep disorders should be reduced.

The man's health insurance company switched on the medical service of the health insurance companies (MDK) because of the coveted assumption of costs. This pointed out that a recognized conventional drug is also suitable for treatment.

The plaintiff argued to no avail that cannabis therapy was much more tolerable.

With its judgment of April 15, 2019, the social court dismissed the man's action. There is a “serious illness” that could justify cannabis therapy. However, an alternative therapy is available here. This should be applied primarily. The plaintiff himself admitted that he had not yet tried various recognized drug therapies for multiple sclerosis.

The Hessian State Social Court also set high hurdles for the regulation of cannabis by decision of October 4, 2017 (Az .: L 8 KR 255/17 B ER, L 8 KR 366/17 B ER; L 8 KR 288/17 B ER ; JurAgentur announcement dated November 16, 2017). Strong pain alone could not justify a claim. The same applies to fibromyalgia, a non-inflammatory pain syndrome. In the case of chronic abdominal pain for which there was no conventional medical alternative, the cannabis regulation was considered permissible.

On April 6, 2016, the Federal Administrative Court ruled that the drug, which is actually prohibited, can also be grown in individual cases for self-therapy (ref .: 3 C 10.14; JurAgentur report from the day of the judgment). This applies if the use of cannabis leads to a considerable relief of the symptoms, the patient is seriously ill and no effective and affordable medication is available to him. fle / mwo

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