A petition to the High Court of Justice will be filed next week demanding a halt to the pharmacy reform, which will take effect in 10 days on 1 in April.
On Thursday morning, a warning letter was sent to the Health Ministry before the petition was filed by the medical cannabis association headed by Dana Bar-On, represented by attorney Miriam Brainin and attorney Yasmin Mizrahi.
In the draft petition submitted to the Cannabis Magazine, PHR-Israel demands that the Ministry of Health immediately halt the implementation of the reform, amend some of its issues, and reveal the protocols and full documents that led to the decision-making.
The reform comes after a year of pilot in which medical cannabis was sold in a limited format to a few dozen patients who received cannabis prescriptions directly from qualified physicians.
Until now, in the current format, a person who wishes to obtain a medical cannabis license is required to receive a recommendation from a specialist and submit it to the Ministry of Health for approval. The payment was fixed at the sum of 370 NIS per month, regardless of the amount received.
In the framework of the reform, Yuval Landstafft, the director of the medical cannabis unit, devised standards for the growth and production of cannabis, along with a procedure that divided the production chain into five production links instead of two.
In the petition, lawyers from the Health Ministry demand that the cannabis product list be updated to include all the cannabis varieties and products as they have been issued to patients so far and to determine the name of the variety on the package.
The Ministry of Health also demanded that every physician be allowed to issue medical cannabis based on his professional position, as in any other drug, regardless of the ICR's approval, and also obligate cannabis growers and manufacturers to refrain from using pesticides.
In the matter of price, the petition will require a subsidy mechanism to cover the costs of the anticipated increase in prices by introducing medical cannabis into the basket of drugs or defining medical cannabis as a regulated product or an explicit allocation of export tax for medical cannabis.
The Ministry of Health was also required to disclose all the protocols, work papers, identity of the participants and the various opinions used to formulate a series of procedures for the Medical Cannabis Unit in order to standardize the new reform.
According to the petitioner, the reform as it is supposed to operate from 1.4 harms the treatment of tens of thousands of patients, including children and the elderly, in violation of the Patients' Rights Law and the Basic Law: Human Dignity and Liberty.
העתירה דורשת עוד להגדיר מחדש את הטווח המותר של רכיבי קנאביס רפואי (THC, CBD, CBN) כך שאלו יופיעו במדויק על כל אריזה בסטייה של מקסימום 1% ולא 8% כפי שמותר כיום – מה שעלול להביא לנטילת יתר או נטילת חסר של רכיבים פעילים.
In summary, the lawyers note that the planned outline is no less than a "danger to public safety," in part because it "dims the pharmacological identity of the medical cannabis product." "This is a resounding expression of contempt for patients on the part of the NII."
The attorneys gave the state five working days to respond to the claims before the petition was submitted. If the State does not respond, as expected, the petition will be submitted on 27 in March.
Attorneys Yasmin Mizrahi and Miriam Brainin stated that "in light of the real danger hovering over the heads of the tens of thousands of the most difficult patients in the State of Israel, especially in light of the YKR's practice of implementing a reform detached from any scientific element and ignoring the obligations of the Ministry of Health according to the law, The only way to protect the patients' right to life is to request the Supreme Court sitting as the High Court of Justice to enforce them. "
updating: The petition was filed at 31.3. Details here.