The medicinal use of Cannabis sativa L., usually called marijuana, has been known since ancient times, due to its enhanced therapeutic properties. Discussions about its medicinal use in Brazil are urgent, especially because there is already scientific proof of the benefits that it can produce in treatment of various diseases. Therefore, it is essential that there is support from the State so that access to C. sativa for medicinal purposes is universal, considering the right to health treatments as a fundamental right, provided for in the Constitution. However, the use and possession for own consumption are still criminalized. Thus, the article seeks to demonstrate that the justifications presented to criminalize this plant, in addition to contributing to a racist marginalization of low social classes, violate Bioethical precepts, by preventing patients from accessing medical prescriptions that are adequate and less costly, to provide relief from their physical and mental pain. For that, we used a qualitative methodology. A bibliographic review of scientific articles published in Portuguese, between the years 2015 and 2020, was carried out in the Google Scholar and Scientific Electronic Library Online databases. Resolutions of the Brazilian Health Regulatory Agency, as well as of the Federal Council of Medicine were also considered. With these data, this article concludes that the need for democratization in access to medicinal C. sativa is imperative, by supplying patients with CBD compounds through the Brazilian National Public Health System, and by enacting legislation that allows for the cultivation of C. sativa for medicinal purposes and for medicine production in Brazil.
