Cannabis – Changes in the regulation of the use of the cannabis plant for medicinal purposes
By Raquel Flanzbaum and Belen Recchini.
The Ministry of Health of the Argentine Republic, in its capacity as implementing authority of Law No. 27,350, called MEDICAL AND SCIENTIFIC INVESTIGATION OF THE MEDICINAL USE OF THE CANNABIS PLANT AND ITS DERIVATIVES, has just issued Regulation No. 673/2022 to guarantee the treatment of registered patients in the use of cannabis (whether for medicinal, therapeutic or palliative purposes), including civil organizations as third parties authorized to grow these plants with said aims.
These are the main changes with regard to Regulation No. 800/2021:
1) The permitted ranges of flowering plants and extension of cultivated area are established so that users can obtain authorization from the Cannabis Program Registry (REPROCANN, after its initials in Spanish), namely:
– Number of flowering plants: from 1 to 9 per patient.
– Cultivation condition: indoor and outdoor.
– Number of cultivated square meters: up to 6 m2 for indoor cultivation, and up to 15 m2 for outdoor cultivation.
– Transport by vehicle: from 1 to 6 jars of 30ml or up to 40 grams of dried flowers.
2) The role of non-governmental organizations (NGOs) as suppliers of cannabis is modified, establishing that:
– Each NGO registered in REPROCANN may represent a maximum of 150 people in the role of grower.
– Number of flowering plants: from 1 to 9 per represented person.
– Number of cultivated square meters: up to 6 m2 for indoor cultivation, and up to 15 m2 for outdoor cultivation, per property.
– For cultivation purposes, NGOs may register multiple properties.
– Transport by vehicle: between 1 and 6 jars of 30ml or up to 40 grams of dried flowers, or up to the number of authorized plants per represented person.
3) The conditions under which the professional and the patient must sign the so-called Bilateral Informed Consent, an exclusive requirement to obtain registration in REPROCANN, are also modified:
– The provision that established that the professional was responsible for the proposed treatment is eliminated.
– The provision by which the patient agreed to receive inspections by the pertinent state authority at any time, without prior notice, is eliminated.
– The patient and the professional will have the right to revoke informed consent in accordance with the provisions of article 10 of Law No. 26,529.
In short, there is no doubt that the Cannabis Program Registry continues to evolve, so the regulations provide new alternatives for patients to access the cannabis plant and its derivatives through controlled cultivation and with the proper medical support.
For further information please contact: brecchini@ojambf.com
