By means of Resolution No. 673/2022, the Ministry of Health defined the permitted ranges of flowering plants and extension of cultivated area so that duly registered Non Governmental Organizations (“NGO”) may obtain legal authorization to provide Cannabis for registered patients, under the Cannabis Program Registry (hereinafter “REPROCANN”).
This is established within the framework of Law No. 27,530, which regulates medical and scientific research on the medicinal, therapeutic and/or pain palliative use of the cannabis plant and its derivatives, and its regulatory decree No. 883/2020, which has among its objectives the creation of the necessary conditions to guarantee the population´s access to the cannabis plant, its derivatives and non-conventional treatments.
In its article 8, the above-mentioned decree 833/2020, provides that patients, who have an indication from the intervening medical professional responsible for their treatment, must register in REPROCANN to access to the controlled cultivation of the cannabis plant and its derivatives as a medicinal, therapeutic and/or palliative treatment for pain. They may do it by themselves, or through third parties or civil organizations authorized for that purpose. On March 10, 2021, the Ministry of Health, as enforcement authority, issued Resolution No. 800/2021 by which it established the procedure and requirements to be complied to obtain such authorization.
Due to the time elapsed since the entry into force of Resolution No. 800/2021, both the authorities of the National Program for the Study and Research of the Medicinal Use of the Cannabis Plant, its Derivatives and Non-Conventional Treatments, and the members of the Program’s Honorary Advisory Council, agreed to improve the regulations. As a result, they decided to simplify the procedural steps to guarantee access to treatments for cannabis users for medicinal, therapeutic and palliative purposes and to approve the allowed ranges of specific cultivation for civil organizations as third parties authorized to cultivate to supply registered patients.
In Annex IV of the regulation, the following were established as permitted ranges of flowering plants and cultivated areas for an NGO to obtain the necessary authorization to cultivate cannabis:
Each NGO registered in REPROCANN may represent a maximum of 150 patients under the role of grower. When this number is exceeded, the NGOs may request to the NATIONAL PROGRAM FOR THE STUDY AND RESEARCH OF THE MEDICINAL USE OF THE CANNABIS PLANT, ITS DERIVATIVES AND NON CONVENTIONAL TREATMENTS of the Ministry of Health of the Nation, to authorize the extension of the established limits.
Number of flowering plants: 1 to 9 per person represented.
Number of square meters cultivated: up to 6 m2 for indoor cultivation, and up to 15 m2 for outdoor cultivation, per property.
For cultivation purposes, NGOs may register multiple farms.
Transport per vehicle: between 1 and 6 bottles of 30ml or up to 40 grams of dried flowers or up to the number of plants authorized per person represented.
Finally, through Annexes II and III of Resolution No. 800/2021, the Ministry of Health: (i) increased the number of flowering plants for auto cultivation up to 9 per person, and up to 6 m2 for indoor cultivation and 15 m2 for outdoor cultivation; and (ii) updated the template of bilateral informed consent between the patient and the intervening professional, remarking the deletion of the clause allowing inspection without prior notice by the state authority.
This report should not be considered as legal or any other type of advice by Allende & Brea.
