[420 Girl]

Italy - The court authorizes the administration in a case of multiple sclerosis: an emergency order of a judge of the Court of Avezzano, Elizabeth Pierazzi. It 'the first case in Italy. The drug derived from cannabis would cost too much compared to the earning capacity of the patient.

A temporary green light to free marijuana for therapeutic use comes from the court of Avezzano. The principle is stated in an order dated 2 February, the judge Elizabeth Pierazzi. The ruling was issued in a proceeding brought by a protective and urgent patient with advanced multiple sclerosis. It affirms the right to free cannabinoid administration to the patient in question. The measure is the first of its kind in Italy.

The sick person who has obtained a preliminary court judge innovative Avezzano and in conditions of particular distress and for this he asked the local health administration can get free of the drug based on cannabis produced outside Italy, which proved the only effective to alleviate their suffering.

"The decision we made," said Judge Elizabeth Pierazzi, "is functional to treat serious diseases, since other medicines used by patients were not eligible. The medicine used in payment and is not produced in Italy. Is imported from time to time in small quantities. It must therefore be given to payment, at tremendous cost. "

The affair became involved the Aduc. "It must be noted once more", says the group user rights and more memorable, "that, to achieve compliance with a constitutional right, a citizen was forced to sue."

The decision is based on a particular interpretation of A rticle 32 of the Constitution (which affirms the right of citizens to health). The ordinance considers, in fact, this law prevailing in a certain sense, compared to the ethical rules which also effectively limit their effectiveness.

In essence, the ruling establishes a direct applicability of the constitutional provision (Article 32) before the application submitted by the patient, in a matter of urgency (based on Article 700 of the Code of Civil Procedure) designed to obtain the free drugs administered cannabinoids effectiveness and necessity of a scientifically based evidence.

The emergency procedure for obtaining the drug was rejected because it would be the so-called periculum notice. Is the risk of imminent and irreparable harm to the health of the patient because the conditions the applicant may suffer from the time it takes to establish an ordinary trial (longer and more complex), given the seriousness of the disease diagnosed and its gradual evolution pejorative sense.
The danger of a serious and irreparable harm is, according to the court, also in the fact that the expenditure required for the purchase of the only medicines that are effective, including in relation to chronicity of the disease, may jeopardize the opportunity to meet with your other income minimum needs of the patient's life: in short, the drug would cost too much compared to income of the person who lodged the appeal.

"I'm happy about my victory," said the sick man, "that is the victory of all patients had to give up the only treatment that can relieve their suffering under bans unreasonable and contrary to fundamental human rights and civil rights."

The lawyer of the patient and Bartolo De Vita, lawyer Codacons in Vallo della Lucania in the province of Salerno. De Vita notes in this regard that the decision "without prejudice to the right to health of persons who are denied the health service required under legislation heavily influenced by improper and incomplete ethical evaluations.

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