EIT: Ruotsi sai rangaista kannabiksen käytöstä kivunlievitykseen ilman lääkärin määräystä

1.9.2022 | Oikeusuutiset

Markku Fredman

In today’s Chamber judgment in the case of Thörn v. Sweden (application no. 24547/18) the European Court of Human Rights held, unanimously, that there had been:

  • no violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights.

The case concerned the conviction and fine issued to Mr Thörn for a cannabis offence. He asserted that he had been taking the drug for pain relief, but did not have a prescription to that effect. He had been confined to a wheelchair since 1994 following breaking his neck in a traffic accident, with many pain-related issues in the years since. At the time, medical cannabis was available in Sweden, ordinarily for the treatment of multiple sclerosis.

The Court, noting that no information had been provided regarding the impact on Mr Thörn of his sentence, and the willingness of the authorities to authorise prescription cannabis-based medication while awaiting his trial, found in particular that the authorities had correctly balanced Mr Thörn’s need to alleviate pain and the wider need to control drugs. They had acted within their wide discretion.

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