Decree N°405/2023 approved the regulation of Law N° 27.669, on the regulatory framework for the development of the medical cannabis and industrial hemp industry.
The regulation establishes the creation of the National Agency of Hemp and Industrial Cannabis (ARICCAME in Spanish), which will be the regulatory body that will operate within the Ministry of Economy.
The main novelty of the regulatory framework is that it considers “psychoactive cannabis” those plants with dried flowers that exceed 1% of tetrahydrocannabinol (THC) in their chemical composition, therefore, up to that percentage it is legal from now on to manufacture products based on the substance, without entering into conflict with criminal legislation or international regulations and without having to go through the approval of the National Agency of Medicines (ANMAT in Spanish) through a new category, the so-called “vegetable”, for products that are not of medical grade.
As enforcement authority of the law, ARICCAME will define the specifications and regulation of what is considered a “product derived” from cannabis: human medicinal, veterinary, nutritional, cosmetic, industrial, plant health and fertility, but the regulation itself leaves the door open for new functionalities, “arising from scientific research and technological and industrial development”. For example, the seed as food or the oil extracted from it is rich in Omega 3, 6 and 9. And the fiber, as a textile material, can replace others that are pollutants.
All licenses will be valid for a minimum of five years and will be renewable. There will be seven types of license: hatchery, multiplication and cultivation; logistic services (transport, distribution, storage, packaging, among others); production of derivatives; commercialization of seeds, seedlings, cuttings and flowers; for studies and analytical tests; and foreign trade.
