Peru: New medicinal cannabis regulations approved

In brief

Supreme Decree No. 004-2023-SA approved the new "Regulations governing the Medicinal and Therapeutic Use of Cannabis and its Derivatives," which will enter into force on 1 September 2023.


Contents

In depth

What are the main novelties?

Associations of cannabis user patients (two or more patients) are allowed for the exclusive benefit of their members, who must be registered in the Registry of Cannabis User Patients.
 
Artisanal production with associative cultivation is allowed if activity is carried out by and for the benefit of the associations of cannabis patients.
 
Cannabis and its derivatives from artisanal production with associative cultivation are for the exclusive use of the patients of the associations, so they cannot be commercialized or transferred to third parties.
 
The Ministry of the Interior, through the Anti-Drug Directorate, is included as the controlling authority with respect to the security and physical intangibility of cannabis and its derivatives, as well as the finished product.
 
The regional governments are included, through the regional health directorates or those that take their place at the regional level, as the controlling authority for importation, commercialization, artisanal production with associative cultivation of pharmaceutical establishments, and associations of cannabis user patients in their jurisdictions.
 
The grounds for suspending and canceling licenses have been expanded, and among these, it is specified that submitting false information is subject to cancellation and that failing to communicate modifications to the declared information is subject to suspension.
 
The similarities between the licenses regulated by the new regulation and those granted under the old regulation are specified. Likewise, licenses granted under the old regulation must comply with the provisions of the new regulation within one year from its entry into force, under penalty of cancellation.
 
License holders for production with cultivation must implement records of sowing, harvesting, destruction and management of cannabis residues and a list of inputs used in production.

The Medical Cannabis Regulation approved by Supreme Decree No. 004-2019-SA will remain in force until the new regulation enters into force, after which it will be repealed.


We hope that this information will be of relevance to you and your company. If you require any further information, do not hesitate to contact us.

To read the Spanish version, click here

* * * * *

We hope that this information will be of relevance to you and your company. If you require any further information, do not hesitate to contact us.

LOGO_Peru Estudio Echecopar_Lima

Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner or equivalent in such a law firm. Similarly, reference to an "office", means an office of any such law firm. 

Before you send e-mail to Estudio Echecopar, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyer in the matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

@2023 Estudio Echecopar
All rights reserved.

No part of this publication may be reproduced in any form or by any means without the written permission of Estudio Echecopar.

Contact Information

Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.