Brazil's STJ rules health plans not required to cover home cannabis treatments

The Superior Tribunal de Justiça (STJ) has ruled that private health insurance providers are not obligated to cover medicinal cannabis products for home use if such coverage is not explicitly stipulated in the contract or established by law. This decision, reached by the STJ's Second Section, establishes a legal precedent intended to guide judges across Brazil in similar cases, including ongoing litigation.

The ruling originated from a case involving a patient in Rio de Janeiro who sought cannabidiol (CBD) to treat Tourette syndrome, generalized anxiety, and deep depression. While the Rio de Janeiro Court of Justice had previously ordered the insurer to provide the treatment and pay damages, the STJ reversed that decision.

Although the ruling sets a new standard for future cases, it does not mandate the automatic interruption of treatments already being funded, nor does it nullify definitive judicial decisions that have already secured coverage. However, patient advocacy groups, such as the Santa Cannabis Association, have expressed concern that the decision creates a financial barrier for the hundreds of thousands of patients in Brazil who rely on these therapies but cannot afford the monthly costs, which can range from R$ 350 to over R$ 1,200.