Medical cannabis in Latin America:
In Peru, the approval of the medicinal and therapeutic use of cannabis and its derivatives was through Law 30681 in 2017, although the corresponding regulation was not approved until 2019, delaying the legal sale of medications until 2020. During this period, only one pharmacy was authorized throughout the country to distribute cannabis products, which was insufficient for a population of over 33 million inhabitants.
According to data from the Peruvian Ministry of Health (Minsa), there are currently 27 authorized pharmacies to import and market cannabis intended for the production of marijuana-derived medications. The government keeps a record of patients consuming these types of medications through the national registry of cannabis-consuming patients, managed by the Directorate of Medicines, Supplies, and Drugs (Digemid). This registry is completed online through a sworn statement by the treating physician or the patient, who receives information about the benefits and risks of using these medications.
Peruvian legislation establishes a distinction in the use of drugs with THC concentrations higher, equal to, or less than 1%. Only the transformation of plants or parts of the cannabis plant whose content is less than 1% dry weight is allowed. The Peruvian Ministry of Agricultural Development and Irrigation (Midagri), responsible for the agricultural sector, supervises this limit, and if a cannabis crop exceeds the established THC concentration limit, all the product must be destroyed.
Advertisement of cannabis derivatives or drugs is prohibited in Peru, as are medical or gift samples.
Three types of licenses are distinguished in Peru: the scientific research license, granted by Minsa to accredited universities and health research institutions; the import and commercialization license, granted by Digemid to authorized and certified pharmaceutical establishments; and the production license, which may include cultivation, granted by Midagri.
In Argentina, Law 27.350, approved in March 2017, regulates the medicinal use of cannabis and its derivatives for research purposes. This law aims to promote research on cannabis and its derivatives, raise awareness about its use, and guarantee the right to health.
However, this law does not regulate self-cultivation and restricts access to cannabis oil and its derivatives, limiting its use only to research programs for refractory epilepsy. This led Argentinians to begin meeting their own demands through self-cultivation.
To address these limitations, in 2020, the Argentine Executive published new regulations for Law 27.350, allowing controlled self-cultivation of cannabis for medicinal use and the sale of therapeutic hemp oils in authorized pharmacies. This regulation expanded access to medicinal cannabis beyond patients with epilepsy.
Like in Peru, users of medicinal cannabis must register. In Argentina, this registry is under the Cannabis Program Registry (Reprocann), under the Ministry
of Health. Those wishing to cultivate their own supply must obtain a cultivation license.
The National Administration of Drugs, Food, and Medical Technology (Anmat) authorizes the importation of cannabis oil and its derivatives for patients with medical indications.
In May 2022, the Argentine Chamber of Deputies approved a law regulating the industrial production of cannabis plants, which had already been approved by the Senate.
