The Illinois Department of Public Health has officially appealed the court decision to add intractable pain to the state’s qualifying conditions list for medical cannabis, according to an Associated Press report. The appeal was expected as the judge allowed a stay on the program change in order to allow the state appeal to be heard.
Cook County Judge Raymond Mitchell had ruled that the state was “clearly erroneous” in rejecting the condition’s addition to the program. In January 2016 the now-defunct Medical Cannabis Advisory Board had voted 10-0 to add the condition, but it was rejected by Health Department Director Dr. Nirav Shah.
According to the AP report, Shah had denied the request alleging a “lack of high-quality data” from clinical trials; however, Mitchell cited 45 clinical studies that indicated medical cannabis had a positive effect as a chronic pain therapy.