Written by our Latin America Communications Officer, Carolina.
According to the report “Cannabis in Latin America: the green wave and the challenges towards regulation” [1] in the region, drug policy reforms have been minimal despite the tremendous costs that current policies have caused. Society and governments continue to depend on repression and criminalization despite the fact that Latin America is the region of the world with the largest number of countries that have some type of regulation for the medicinal or therapeutic use of cannabis. The different ways that governments have chosen to control access to cannabis for medicinal purposes range from only allowing the import of pharmaceutical drugs or medicinal preparations and the use of cannabis for specific diseases, such as refractory epilepsy in Argentina, to complex regulatory systems of each of the links in the production, distribution and prescription chain.
This occurs within the framework of the possibilities provided in the international system of control of substances, which dictate obligations to the States to guarantee access to controlled substances for their medical and scientific uses. Currently, in Argentina, Brazil, Canada, Chile, Colombia, Jamaica, Mexico, Peru, Paraguay, Uruguay, there are laws or regulations that allow some form of access to cannabis for medicinal purposes. Specific regulations and ordinances had to be created to solve legal difficulties or correct errors that this process of cannabis regulation has brought. Despite the fact that some regulations were the result of pressure from patients and family organizations, few regulations have taken into account the small and medium producers, as well as the possibility of cultivating for personal consumption (self-cultivation) or artisanal production of oils or tinctures.
It is not just about making it easier for industries to sell cannabis-based drugs, but about promoting regulation as an integration path for the diverse communities of farmers, small manufacturers, patients and family members who have suffered the harm of the ban. It is essential that social justice and equity measures are incorporated in the regulatory processes to promote the participation of the populations that have been most affected.
In Ecuador in September 2019 [2] the reforms to the articles of the Comprehensive Organic Criminal Code on Substances Subject to Control were approved, which came into effect at the end of June 2020. Through this reform, Ecuador decriminalizes planting, cultivation and harvesting of marijuana (provided that it has the authorization of the competent authority for therapeutic or medical-scientific research purposes). The reform of the Comprehensive Organic Penal Code itself was in charge of embracing the global trend and recognizes hemp as a different crop from the rest of cannabis (as long as it contains less than 1% THC). Thus, it orders its removal from the list of listed substances subject to control. This implies a great first step to include Ecuador among the countries of South America that have followed the world trend towards the legalization of marijuana crops, and specifically of hemp. Ecuador’s Ministry of Agriculture and Livestock has until October 2020 to issue the relevant hemp regulations. On the other hand, civil organizations and cannabis activists seek to establish a dialogue with the State for the creation of said regulations.
In Argentina, on July 15, 2020 [3] a bill by the Argentine Minister of Health, Ginés González García, presented the draft of the new regulation of the law to organizations, doctors and scientists. This document highlights that the State will also seek to produce therapeutic marijuana in the public sphere and will guarantee free access to patients who do not have social work or are prepaid. The most important novelty contained in this draft, which will be approved by the advisory council (cannabis organizations, doctors, teachers and scientists) before continuing its course towards the signature of President Alberto Fernández and publication in the Official Gazette is, without doubt, the regulation of article 8 of law 27,350, which includes the authorization of personal and network cultivation for users, researchers and patients who register the Cannabis Program (REPROCANN).
[1] «CEDD-03.pdf». Accedido: jul. 16, 2020. [En línea]. Disponible en:
https://www.dejusticia.org/wp-content/uploads/2020/01/CEDD-03.pdf.
[2] «Evolución Normativa del Cannabis Medicinal en Ecuador», El Planteo, jul. 01, 2020. https://elplanteo.com/ecuador-legalizacion-marihuana/ (accedido jul. 16, 2020).
[3] P. Fern y o S. de J. de 2020, «Cannabis medicinal: el Gobierno permitirá el cultivo personal y el expendio de aceites en farmacias», https://www.infobae.com/sociedad/2020/07/15/cannabis-medicinal-el-gobierno-permitira-el-cultivo-personal-y-el-expendio-de-aceites-en-farmacias/ (accedido jul. 16, 2020).