In the context of the particular situation in which ill people and their families were, assuming the risk of being convicted by criminal law as a result of the medicinal use of cannabis, on November 12, 2020, the Decree 883/2020 (the “Decree”) was published in the Official Gazette. This Decree regulates law 27,350, enacted in March 2017 in relation to the medicinal use of Cannabis and its derivatives.
Sections 2 and 3 of Law No 27,350 created the “NATIONAL PROGRAM FOR RESEARCH STUDY AND USE OF MEDICAL CANNABIS PLANT, ITS DERIVATIVES AND NON-CONVENTIONAL TREATMENTS ”.
Section 8 of the Law was vastly improved by the Decree as it includes the authorization of personal and network cultivation for users, researchers and patients who register in the National Cannabis Program (REPROCANN). However, it is important to highlight that said registry existed before but was not operational.
REPROCANN will register patients who access the Cannabis plant and its derivatives through cultivation, as medicinal, therapeutic and / or palliative pain treatment in order to issue the corresponding authorization.
Patients, who must have a medical indication, may register to obtain authorization for cultivation for themselves, through a relative, a third person or a civil organization authorized by the Enforcement Authority. Not only patients with refractory epilepsies will have permission, but also those patients, whatever the disease, who obtain positive effects by using medicinal Cannabis.
In addition, the Decree authorizes the sale in pharmacies authorized to sell and produce “magisterial formulations”, such as oils, tinctures or creams, in addition to self-cultivation and the possibility of importing medicinal products of this type that were already authorized through a specific proceeding before ANMAT.
The regulation includes the public promotion of university extension programs related to medicinal cannabis, the testing of substances and experimental growth aimed to strengthen research and access.
