De legala förutsättningarna för användning av medicinsk cannabis : Förhållandet mellan myndighetsbeslut, lagstiftning och domstolspraxis

Sammanfattning: The overall purpose of this paper was to critically analyze the legal prerequisites for using medical cannabis in Sweden. The legal method and the legal analysis method have been the basis for the analysis of current law, regarding medical use of cannabis and drug abuse. Current law has been analyzed led by a medical approach to clarify the legal and medical meaning of drug abuse. The Narcotic Drugs Punishment Act makes no distinction between drug abuse and medical use, which means that all forms of use ending up in a drug offence. It ́s not obvious what constitutes narcotics because the cannabis plant is divided into different species and it ́s also available in various forms of preparations. Against this background, the medical usage of cannabis seems to have ended up in a legal grey zone. The cannabis preparation called Bediol includes whole plant parts of cannabis and is treated as drug abuse according to the law, but regarding the legal view of CBD-extract the position is more unclear. The prevailing opinion in law cases of today is that CBD-extracts do not constitute drugs. The question of cannabis for self-medication has been pointed in NJA 2017 s. 872, the Supreme Court considers that the medical motive mitigates the crime classification and that a medical purpose can cause a situation of emer- gency. It ́s still unclear how the prerequisites “addictive properties” and ”euphoric effects” in paragraph 8 in the Narcotic Drugs Punishment Act shall be read regarding the occasion of medical use. As long as cannabis is under extensive international control the uncertainty remains about how the prerequisites in paragraph 8 in the Narcotic Drugs Punishment Act should be treated in relative to the medical motive. Furthermore, the study based on the Swedish Medical Products Agency’s decision regarding Bediol and Epidiolex shows that the Medical Products Agency has a tolerant attitude towards both cannabis preparations. The study of license decisions has also been relevant to clarify the discrepancy between medical use and how it ́s considered according to the Narcotic Drugs Punishment Act. The study demonstrates how the Swedish Medical Products Agency's attitude does not always interact with the view of the law. Since the decisions about licenses can be seen as an exception to the Narcotic Drugs Punishment Act, there should be some sort of consensus in how the preparations should be viewed from an authority and law point of view. This to not affect the predictability of a drug abuse in respect of the Narcotic Drugs Punishment Act. As the Medical Products Agency considers both the medical rudiments and the medical development this should be taken into account in the Narcotic Drugs Punishment Act in a more extensive way, to reach some sort of consensus. The national law can only be changed in a sharpening direction, which means that a future international reclassification of cannabis may be considered as a guide in how much space the medical motives can be applied in the 8 paragraph in the Narcotic Drugs Punishments Act.