The CJEU considers that a Russian treated with cannabis must be able to stay in the Netherlands

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The Court of Justice of the European Union this week advocated that a Russian national asking to stay in the Netherlands should be granted the right to do so. The man developed a rare blood cancer when he was 16 and is currently receiving treatment, including cannabis, which is helping him live without significant pain.

The Court of Justice said the man should not be sent home, even though the Netherlands rejected his asylum claims. She said failure to receive proper treatment would expose her to such pain “that it would be contrary to human dignity”, among other things.

Russia bans the use of cannabis and the issue has become a major international issue since WNBA star Brittney Griner was convicted on August 4. Customs officers said they found vape cartridges containing cannabis in his luggage. The two-time US Olympic gold medalist said she had a prescription for medical cannabis for the pain.

The Court of Justice of the EU was reacting to a question from a local Dutch court asking for advice on how to deal with the problem.

Although the case concerns access to medical cannabis, the judgment applies to any medical treatment not available in the host country.

“A third-country national suffering from a serious illness cannot be deported if, in the absence of appropriate medical treatment in the host country, this national risks being exposed to a real risk of a rapid increase , significant and permanent pain associated with this disease,” the court said in a statement.

This requires establishing that the absence of treatment would cause pain “of such intensity that it would be contrary to human dignity in that it could cause serious and irreversible psychological consequences, or even lead to suicide”. , can we read in the press release.

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