Peru: New Medical Cannabis Regs

Home | Canna Law Blog | Peru: New Medical Cannabis Regs Peru has new regulations for the use of medical cannabis, following the issuance of Supreme Decree (Decreto Supremo) No. 004-2023-SA on February 28 of this year. The decree approves the Regulation that Regulates the Medicinal and Therapeutic Use of Cannabis and Its Derivatives (Reglamento que regula el uso medicinal y terapéutico del cannabis y sus derivados). The Regulation implements the provisions of Law No. 30681 and Law No. 31312. The Regulation details the requirements to obtain the different types of cannabis licenses available. Licenses to import cannabis and/or market cannabis derivatives may be granted to pharmaceutical laboratories and droguerías, duly authorized to operate by the Peruvian government. While in some Spanish-speaking countries the term droguería could mean a drugstore, in Peru it is legally defined as a "pharmaceutical establishment, which is dedicated to the import, export, marketing, quality control, storage and/or distribution of pharmaceutical products, medical devices and medical devices." As part of the application process, applicants must certify that they will only sell cannabis or its derivates to other licensed entities, such as pharmacies and similar businesses, again duly authorized to operate by the Peruvian government. These businesses are not able to legally import cannabis into Peruvian businesses, but they may apply for a license to market cannabis derivatives. In line with the framework in some other Latin American countries, such as Colombia and Ecuador, cannabis is classified as "psychoactive" (Cannabis psicoactivo) or "non-psychoactive" (Cannabis no psicoactivo), depending on the THC content. Psychoactive cannabis is that whose THC content is equal to or exceeds 1%. The Regulation contemplates the use of both psychoactive and non-psychoactive cannabis for medical and therapeutic purposes. As such, both types of cannabis may be imported into Peru under the Regulation. Importers of psychoactive cannabis, however, must obtain an import certificate from the General Directorate of Drugs, Supplies and Drugs (DIGEMID). The Regulation also provides for other types of licenses that, while perhaps of limited interest to foreign cannabis businesses, are significant to stakeholders in Peru. These include licenses for the production of cannabis derivatives, which may include authorization to grow cannabis. In addition, licenses are available for accredited patient associations. The Regulation also establishes requirements for cannabis prescriptions for patients. Considering the fraught political environment in Peru, that there was bandwidth in the Palacio de Gobierno to tend to the Regulation is by itself remarkable. Is embattled President Dina Boluarte seeking to shore up support for her government, by appealing to medical cannabis patients? We see no indication of such a ploy, which is just as well, since at least some patients are unhappy with the new rules. Perhaps, though, the businesses set to take advantage of the opportunities presented by the medical cannabis market will be more pleased. 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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