Cannabis for Brazilian Pets and Their Humans
Explore Brazil’s evolving cannabis laws for pets and humans. Learn about ANVISA approvals for medicinal use and CBD products.
Home | Canna Law Blog | Cannabis for Brazilian Pets and Their Humans A bill (369/2021) to allow veterinarians to prescribe cannabis products has been introduced in Brazil's Chamber of Deputies. Under the terms of the bill, products must be authorized by the Brazilian regulatory authorities or, in the case of imported products, their counterparts in the country of origin. If the government does not issue specific regulations for veterinary products, the bill provides that products must follow existing rules for human-use products. As the bill's statement of motives explains, many Brazilian vets are already prescribing cannabis products. At the moment, veterinary use of cannabis products is neither allowed nor prohibited. The bill seeks to end this "legal limbo," as it describes the situation. The bill's sponsor is Deputy João Carlos Bacelar, of the Podemos party. Interestingly, Podemos is not generally pro-cannabis. As recently as August 2020, Podemos Senator Eduardo Girão described as an "aberration" a separate medical cannabis bill (399/2015), adding that "maconha is a drug that destroys families." In his view, treating epilepsy is an excuse to normalize cannabis in Brazil, at the behest of the narcobusiness (narconegócio) lobby. (Girão does support the regulatory approval of specific medicines that contain cannabis). For his part, Podemos Deputy Diego Garcia referred to the bill as "a Trojan horse" for recreational cannabis. Despite Podemos' hostility, the medical cannabis bill continues its lengthy path to approval (yes, 2015 stands for the year when it was introduced). A new version of the proposed law would allow medical cannabis and industrial hemp cultivation in Brazil, with the aim of increasing supply. The prescription of cannabis products for medical use has been authorized since 2014, yet cultivation remains illegal. Reliance on imports makes costs prohibitive for large segments of the Brazilian population, according to Deputy Pablo Teixeira, who presides the commission evaluating the bill. However, the COVID-19 pandemic and municipal elections have delayed the commission's evaluation of the replacement text. Home cultivation would not be permitted under the bill, but it is worth noting that courts have been granting habeas corpus petitions from citizens seeking to grow their own cannabis. For example, in March 2020, a federal judge in Pernambuco granted a habeas writ to a woman who sought to make her own cannabis oil to treat her son's seizures. In February 2021, a São Paulo judge granted the first collective habeas, to an association of 21 families. It will be interesting to see if this trend leads to judicial decisions of broader application. Check Out Our Cannabis Law Services Share Twitter Facebook LinkedIn E-mail Comment Fred Rocafort Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog. Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America. In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions. Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s. 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