In recent decades, a whole debate has been generated in most countries around the legalization and regulation of cannabis in its various uses, which has opened the door in many Latin American states to allow the operation of an entire industry around the commercialization chain of the plant. This in turn has generated the creation of all kinds of viable legal scenarios and has directly influenced the policy for the strengthening of research, medicinal use, and even recreational use. However, we still find legislative systems in many countries of the region that are strict and inquisitive on certain issues. That is why, in this article, we seek to expose a global and regional perspective to understand the legislative and political phenomenon around cannabis, a legal and historical diagnosis facing the Latin American continent.
In the first place, we find Uruguay, a Latin American country pioneer in the legalization and regulation of the matter. Currently in the country the cultivation, commercialization and consumption of cannabis is allowed, with restrictions regarding the amount that can be acquired and cultivated, but not in terms of its medicinal or recreational purposes. The Uruguayan government is even taking the final steps to regulate medicinal formulas based on cannabis extracts almost 3 years after the enactment of the law implementing the National Medical Cannabis Program in Uruguay and almost 10 years after its legalization.
In this sense, the master formulas - prescribed by doctors and elaborated by pharmaceutical chemists - are one of the ways for Uruguayans to have safe access to medical cannabis, and a tool for the doctor to formulate specifically what the patient needs and to incorporate cannabis into the medical practice. This is already happening in countries such as Colombia, Peru, Ecuador, Argentina and even Brazil.1
Jamaica, another of the most permissive countries, authorized the sale of marijuana for medicinal and recreational use in 2015. However, according to the Dangerous Substances Act issued in the country, the possession of two or more ounces of cannabis is a criminal offense and the possessor can be arrested and brought to trial, where it is decided whether to pay a fine or, on the contrary, go to jail.2
In the Mexican case, the reform to the General Health Law in 2017 allowed the medicinal use of cannabis and put at the center the need of patients to access therapeutic treatments. Subsequently, in 2021, Mexico approved the repeal of the prohibition of the recreational use of cannabis. The resolution establishes that marijuana can be planted, harvested, transported, and distributed without penalty, only when it is for personal use.
In the region, medicinal use of cannabis is permitted in Brazil, Panama, Puerto Rico, Costa Rica, Colombia, Argentina, Chile, Ecuador, Jamaica, Panama, Paraguay, and Peru. While only in Uruguay, Jamaica and Mexico is recreational use permitted for adults. Simultaneously, while in these countries the way has been opened for recreational use, there has been an increase in research that proves the benefits of using marijuana for the treatment of symptoms in countries such as Argentina, Colombia, and Peru, where recreational use is currently restricted, but the commercialization of cannabis medicines has been allowed.
In November 2020, the Argentines approved a regulation on medical cannabis, which includes self-cultivation by patients and free provision by the State. Peru approved its use in February 2019, but neither self-cultivation nor collective cultivation is allowed, only import, distribution and commercialization licenses were authorized.
A historic bill was recently presented to the Honorable Senate of Paraguay that seeks to advance in the regulation of all uses of cannabis in the country, which aims to make the country one of the few to fully regulate cannabis in the region3. The objective of the project is, first, to decriminalize the cannabis plant, its derivatives, and its uses under a human rights approach. Then, to declare the cannabis industry of national interest, focusing on medicinal and industrial opportunities; to create the National Cannabis Institute, as a public state body with civil society participation, to supervise and apply the cannabis law; to authorize private self-cultivation and cultivation associations for adult and medicinal use of the plant and its derivatives; and to establish guidelines for the prevention of cannabis use by minors, as well as restrictions on production and consumption in public spaces.4
A measure to decriminalize the personal use of cannabis in the country was also filed in the Senate of Puerto Rico. Puerto Rico, a U.S. commonwealth, took the step years ago to accept the medical use of cannabis but did not decriminalize recreational use. The Senate Bill would establish a non-controversial presumption of personal use, as long as the amount does not exceed five grams, thus decriminalizing personal use. This is intended to ensure that a person is not charged for distribution and, in turn, establishes a minimum amount to differentiate between personal use and distribution.5
Likewise, in Costa Rica, the deputies of the Environmental Commission have begun to discuss the bill for the Control and Regulation of Cannabis for recreational use, an initiative promoted by the Executive Branch.6
A little different is the case of Colombia, where the possibility of a constitutional reform is currently open, in reference to the adult use of marijuana, since the Draft Legislative Act is currently under debate, which seeks to amend Article 49 of the Political Constitution of Colombia and regularize cannabis for adult use. Several media have conducted surveys to the public opinion on the mentioned project and the results are overwhelming, citizens have expressed their interest in the approval of the articles, and even this already has the approval of the Chamber of Representatives of the country.7
On the other hand, Ecuador follows the cannabis legalization trend of many South American nations such as Colombia. However, cannabis legalization in Ecuador is limited to industrial hemp and non-psychoactive CBD-rich hemp. In December 2019, the Organic Reformatory Law to the Organic Integral Penal Code amended Ecuador's Organic Penal Code Law to remove hemp with less than 1% THC from its list of controlled psychoactive substances and allow for its medicinal use. Cannabis production in Ecuador has been decriminalized for hemp and changes to allow cultivation permits went into effect in 2020.8
The regulatory development also comes as Brazil continues to build a legal and regulatory framework for the hemp industry, a process that began in 2015 with an original bill that was later replaced by an updated proposal in 2020. As the regulatory landscape continues to settle, hemp cultivation in Brazil is not authorized, although producers can import raw materials to make CBD formulations.
Current rules from Brazil's Health Regulatory Agency (ANVISA) already allow for the importation and prescription sale of cannabis-derived medicines registered as pharmaceuticals, and those with health authorization that do not require clinical trials, under a regulation that went into effect in March 2020. That rule also provides for "compassionate use" authorization that allows patients to import cannabis products on an individual basis. The regulation authorizes companies in Brazil to produce their own products, as long as the CBD input is of imported origin.9
In conclusion, it is evident that cannabis, despite having been illegal almost everywhere in the world at the beginning of the 20th century, a century later is in a process of gradual decriminalization in Latin American countries, with emerging regulatory developments and public policies on the agenda. Will the time come when all nations in the region will join the legalization of the plant?
