A judge in the Jerusalem District Court, David Gidoni, ruled that the Ministry of Health must reimburse the 64 patient for the full supply that was stipulated in his license until the ministry's decision to cut it without examining it before there was no harm to the public.
The patient, Yaron Kalkstein, held a license for 250 for a period of 2019 a month, until the expiration of the XNUMX in January, when the directors of the medical cannabis unit decided to reject his doctor's recommendation for continued treatment with the same dose.
For two months Yaron remained without a permit at all because of the refusal, until he saw another doctor who agreed to prescribe a dose of 50 instead of 250 grams, starting in March 2019.
For another three months, Yaron remained with a fifth of the dose he was accustomed to until he decided to file a request for an interim injunction ordering the Health Ministry to reimburse him if he was entitled.
According to Yaron, represented by Adv. Yaniv Peretz, Adv. Eitan Cabrian, Adv. Ofer Kagan and Adv. Gal Zelikovich, the decision to cut the dose to which he was entitled was carried out without any professional or scientific basis. The petition relied on Precedents set in recent months In similar cases.
Yaron further argued in the petition that cannabis helped him greatly in rehabilitating and returning to activity and even sports activities, and also helped him to get rid of narcotic drugs, painkillers that he regularly consumed.
At the start of the hearing held at the Jerusalem District Court yesterday, Yaron told Judge David Gidoni that recently, after reducing cannabis dosage, he felt "an increase in the threshold of pain" and that he had to return to take high doses.
Yaron added that in order to continue to behave as usual, he was forced to carry out the "perfection" of cannabis that he is able to obtain from family and friends, that is, illegally - a claim that was not challenged by the Ministry of Health.
Judge Gidoni determined in his decision that the decision of the Ministry of Health to cut the dose unilaterally "was made without any of the decisions making any reference to the question of the possible implications for the Petitioner of such drastic reduction on the question of whether such a reduction should not be carried out gradually over a period of time The possible consequences of the reduction on the petitioner and the balance to which he allegedly arrived must be monitored and controlled. "
The Ministry of Health, on the other hand, claimed that a dose of 250 caused cannabis a month, and that the doctor who administered this dose, Dr. Johnny Greenfeld, did so without authority. On the other hand, Dr. Barkat Shiff, who claimed that the original dosage should be returned, was presented.
In conclusion, Judge Gidoni stated that the Ministry of Health did not raise sufficient arguments for the damage that may be caused to the public as long as Liron is able to continue using cannabis in the same dosage given to him over a year and a half.
Therefore, the judge ruled that he was accepting the request for an interim injunction instructing the Ministry of Health to issue Liron within 7 a license for the holding and use of medical cannabis at the dose of 250, pending a decision in the petition.