Colombia Issues New Cannabis Foreign Trade Regulations

Home | Canna Law Blog | Colombia Issues New Cannabis Foreign Trade Regulations Colombia has issued regulations on the import and export of cannabis products. Joint Resolution 539, issued in concert by four Colombian ministries on April 1, 2022, follows up on Decree 811 from last July, which expanded the scope of legal activities involving cannabis. The regulations specify which approvals are needed to import or export different cannabis products to and from Colombia. Approval requests must be submitted through Colombia's Single Window for Foreign Trade (VUCE). Relevant agencies have 12 months to integrate their activities into VUCE. The new regulations also address the entry and egress of cannabis products to and from Colombia's free trade zones. Cannabis destined for "medical and scientific ends" may be exported by authorized persons, subject to approval by the relevant agencies. In the case of "psychoactive cannabis" (1% or more THC) approvals must be granted by the Colombian Agricultural Institute (ICA) and the National Drug Fund (FNE). ICA's approval requires that the cultivars whose export is intended be registered in Colombia's National Register of Commercial Cultivars (RNCC). This requirement is waived if the cultivars are the product of genetic improvement activities sanctioned by ICA, and the export is pursuant to scientific purposes. In addition, a phytosanitary certificate must be provided as well, if required by the destination country. For its part, FNE requires a documented "legal link" between the prospective exporter and a holder of either a cultivation license for research and/or export, or a license for manufacturing cannabis derivates for research purposes. In the latter case, the export activity must be connected to the licensee's research. FNE also requires presentation of an export certificate, also issued by FNE, against which the products to be exported will be verified for compliance with traceability and quota requirements. The agency will also verify that the THC level corresponds to that listed in the RNCC. Finally, the exporter must indicate the products' intended use (medical or scientific), as well as the quantity to be exported. The new regulations have been hailed as a "great step" by Colombia's cannabis industry. These advances with regard to foreign trade stands in contrast to the stalled efforts to legalize adult-use cannabis. Yet developments in Colombia demonstrate how countries can avail themselves of the economic opportunities presented by cannabis, even if they do not embrace full legalization. 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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