Jerusalem District Court Judge Alexander Ron ruled that a medical cannabis patient would not be able to return supplies from Tikun Olam after being forced to leave with another 8,000 patient In April this year Following a shortage.
Although in judgment previous About three weeks ago, a Jerusalem District Court judge, Arnon Drel, set a precedent in which a patient could be reinstated, but since then, in a parallel legal process, fix The court found that the company would not be able to continue its operations at all and in fact is currently facing a possible closure.
In the new ruling this morning, Judge Ron rejected attorney Miriam Brainin's claim that the patient she represents failed to find a cannabis product that would help him to the same extent as a product he used to get from a world repair company until it was closed.
The judge accepted the Ministry of Health's claim, presented by Attorney Nadav Biennbaum, that a patient cannot be transferred to a company that actually stopped its activity. According to the judge, even if it is indeed a special product that cannot be obtained from another company, then since the company is actually closed, it cannot be allowed.
According to the judge, the legal process conducted by Tikun Olam against the Ministry of Health "actually resulted in the company being closed while prohibiting it from marketing its products", as stated in the judgment of Judge Eli Abarbanel last week, the company owner Zahi Cohen eventually ordered to give up his shares in the company or to stop Its activities immediately.
"Even if I accept the petitioner's remarks that he argues that it is difficult to obtain the same replacement products from other companies, I do not see how I would allow him to purchase products from a world repair company after the judgment was made and which completely blocks this possibility," Judge Ron ruled.
He added that “although a human dimension is still clearly petitioned, the petition seeks to pave a way that would actually override the ruling that closed the case, certainly at this point, on a world repair company Ltd. I have trouble identifying a legitimate legal path that will allow this. On the basis of the above, the petition for the rejection is valid. "
Following the decision, Attorney Brainin intends to appeal to the Supreme Court. "The last word has not yet been spoken and the court said in a hearing that it is a fascinating case that it is appropriate for anyone to decide it to be the Supreme Court - and so it will," the lawyer said in response.
Recall only recently Has announced "Tikun Olam" on its return to activity after 4 months in which activity was halted following the transfer of the company's farm from Birya to Kfar Yehoshua. About 8,000 patients were transferred to the Breath of Life company and some asked to return to the original company when it announced its return to activity.
But shortly after the announcement of a return to activity, the court stated that the company could not continue to operate in Israel as long as the owner is Tzachi Cohen, based on confidential intelligence information.
The company is currently continuing to provide inflorescence and medical cannabis oils to patients who are already in it. The owners have two options: either petition the Supreme Court or sell their share in the company, thereby allowing it to continue operating normally.