Cannabis – The legal purchase of cannabis seeds for medicinal use was approved
By Belen Recchini and Antonella Balbo.
Last July 5, 2022, the National Seeds Institute (INASE, by its initials in Spanish) issued Resolution No. 260/2022 (Resolution) authorizing the legal purchase and sale of cannabis seeds for medicinal use in our country within the framework of Law Nº 27.350 on Medicinal Cannabis.
According to this new regulation, the only cannabis seeds and seedlings that will be allowed for purchase and sale are those approved for registration with the INASE. It also states that it will be mandatory that these goods include detailed and official labels indicating the type of cultivar.
This regulation also allows the purchase and sale of rooted cuttings and seedlings. Although the resolution does not expressly state it, the mentioned products would be for sale in grow shops or specialized shops.
The Resolution states that each package of seeds must also include a safety label, while seedlings or rooted cuttings must have one per batch or one for every fifty units, maximum.
Furthermore, it only allows the purchase and sale of the varieties registered with the INASE or those that are in the process of registration. A fee must be paid for this procedure online.
In the event that the process of registration of a variety of interest has been already initiated and is still pending, it will be mandatory to submit among with the import application, an undertaking of not disclose to third parties said variety until it is registered.
Currently, there are just four seed varieties accepted to be registered with the INASE, but the list could be extended to 15 by the end of 2022. The INASE has stated that there are 77 more varieties under examination for approval. It is worth mentioning that 80% of these applications belong to national developments.
Even though the Resolution does not include the requirements for acquiring seeds, it should be noted that their possession and cultivation must be endorsed by registration within the Cannabis Program Registry (REPROCANN, after its initials in Spanish). REPROCANN is the database of growers maintained by the National Ministry of Health.
In the event of non-compliance with the provisions of the Resolution, the offender shall be liable to the penalties provided in Section 38 of Law No. 20.247 on Seeds and Phyto-genetic Creations, which establishes a fine of AR$ 2.000 to AR$ 100.000, (which would amount approximately between USD 15 and USD 75); as well as the seizure of the infringing products.
For further information please contact: brecchini@ojambf.com.
