By means of Resolution No. 2/2024, the Regulatory Agency for the Hemp and Medicinal Cannabis Industry (“ARICCAME”) approved the Regulations on Sanctioning Procedures for alleged violations of the Regulatory Framework for the Development of the Medicinal Cannabis and Industrial Hemp Industry – Law No. 27,669 (the “Regulations”).
The key aspects introduced by the Regulations are as follows:
1. The Regulations shall apply to all cases of alleged violations of the provisions of the Regulatory Framework for the Development of the Medicinal Cannabis and Industrial Hemp Industry, including its supplementary and regulatory norms (the “Cannabis Industry Regulatory Framework”).
2. The Argentine Administrative Procedure Act and its Regulatory Decree shall serve as supplementary legislation, particularly concerning deadlines and appeal procedures.
3. ARICCAME will involve other agencies with competence over the subjects matter of the alleged violation. Together with the General Directorate of Legal Affairs of the former Industry and Productive Development Secretariat, ARICCAME will appoint an investigator responsible for conducting the preliminary investigation.
4. Based on the investigator’s report, ARICCAME will determine the appropriate sanction or the dismissal of charges against the implicated parties through a reasoned resolution. Such resolutions may be challenged through the procedures provided by the Argentine Administrative Procedure Act and its Regulatory Decree.
5. ARICCAME may impose the following sanctions:
a. Warning
b. Fines
c. Suspension of the authorization to carry out the activity.
d. Revocation of the authorization for failure to exploit the activity.
e. Disqualification from operating.
6. Parties accused of allegedly violating the Cannabis Industry Regulatory Framework may decide for a summary procedure for the imposition of warnings, provided there are no circumstances warranting the opening of a formal investigation.
