The Norwegian State initially refused our client access to his legally prescribed medical cannabis while serving a prison sentence. Following legal action brought by the law firm Adalat, the State has now acknowledged that this amounted to a violation of his human rights.
Attorney Lars Mathias Undheim of Adalat Law Firm represented Joakim Smaavik after he was denied access to his prescribed medication during imprisonment.
Mr. Smaavik suffers from several medical conditions. After trying a range of conventional medications without satisfactory results, he found that prescribed medical cannabis provided the most effective treatment. When he was called to begin serving his sentence at the end of 2020, Bodø Prison was unable to accommodate his prescribed treatment, and the commencement of his sentence was therefore postponed.
The prison healthcare service concluded that it could not provide adequate medical care while allowing him to continue his prescribed treatment, resulting in several further postponements. Following repeated interruptions to his sentence, the authorities ultimately decided that Mr. Smaavik should instead serve his sentence at Trondheim Prison. However, upon his arrival there, he was again refused access to his prescribed medication.
Instead, he was offered alternative medication that he had already tried and knew to be ineffective.
Sivilombudet Finds Human Rights Violation
The case received national media attention in 2022. Speaking to NRK, Norway’s public broadcaster, Mr. Smaavik described the consequences of being denied his medication:
«I just kept getting worse and worse, both physically and mentally, with each passing day.»
Attorney Undheim subsequently brought the matter before the Norwegian Parliamentary Ombud. In 2023, the Ombud concluded that denying Mr. Smaavik access to his lawfully prescribed medication constituted a violation of his human rights.
Commenting on the decision, Attorney Undheim stated:
«It is quite remarkable that the authorities failed to provide something as fundamental as medication for a patient suffering from chronic pain.»
He later added:
«The authorities breached fundamental procedural requirements under the Public Administration Act. What they did was plainly unlawful. They violated his human rights.»
State Settles the Case
Attorney Undheim subsequently assisted Mr. Smaavik in bringing legal proceedings against the Norwegian State, seeking a declaration that his human rights had been violated as well as compensation for the infringement.
Shortly before Christmas 2025, the State acknowledged that it had acted unlawfully and agreed to pay Mr. Smaavik NOK 50,000 in compensation.
Commenting on the outcome, Attorney Undheim said:
«We are pleased that the State ultimately acknowledged the human rights violation and agreed to compensate our client. Although the payment was not formally described as damages for non-economic loss, it amounts to precisely that in practical terms.»
Protecting Fundamental Rights
Protecting fundamental rights is a core part of our practice. Whether we represent clients in criminal cases, child welfare proceedings, compulsory mental health care cases, or immigration matters involving deportation or family reunification, we carefully assess whether the authorities have complied with their obligations under national and international human rights law.
If you have questions about your rights or believe your fundamental rights have been violated, please do not hesitate to contact us.