Ecuador on the road to medical cannabis

Yesterday an island in the Southeast Pacific legalized medical cannabis. Today, things are moving forward in the Western Pacific. The Health Committee of Ecuador’s National Assembly has just unanimously approved a comprehensive reform of the healthcare system that includes the legalization of the cultivation, production, and prescription of medical cannabis. If the reform is passed, Ecuador would become the seventh country in Latin America to legalize the medical use of cannabis after Uruguay, Chile, Colombia, Argentina, Mexico and Peru.

What the text provides for

Currently, possession of small amounts of cannabis for personal use (up to 10 grams) is decriminalized in Ecuador, but anything related to cultivation or sale is illegal and subject to criminal prosecution. However, under this reform, medical cannabis would be legalized and distributed through pharmacies to patients registered in a national registry. Health authorities will establish a list of conditions for which the’Access to medical cannabis will be permitted taking into account the existing scientific evidence of its therapeutic efficacy.

The quantities contained in medications, the quantities prescribed to patients, and the duration of treatment will be subject to strict control. Advertising, sponsorship, and promotion of medications or the plant remain prohibited. The marketing and distribution of the products will be the exclusive responsibility of pharmaceutical services authorized by the health authorities national authorities. These authorities will issue the licenses that regulate production and distribution channels. There was no mention of foreign trade (import/export).

Licenses will be valid for only 5 years and will be granted upon verification that the following conditions are met:

• be a legal entity, a cooperative, or an association whose purpose is the production of medicines or natural products for medical use.
• Submit a proposal that includes the production location, the seed type and from the plant itself. The plants must not contain more than 1% of THC.
• Have a security and external oversight protocol approved by the Ministry of Internal Security and Public Order.
• Have a waste management plan approved by local and environmental authorities.
• Declare and demonstrate the lawful origin of the funds raised for the production project, as well as its compliance with anti-money laundering standards.

Production will be coordinated and monitored by several government agencies, including the health authorities, the Food and Agricultural Inspection Agency, the Ministry of Internal Security and Public Order, and the Ministry of National Defense.

The Future of the Reform

The reform, titled Book II of the Health Code, was therefore unanimously approved by the Committee multiparty. It must now be brought before the assembly in plenary session. Pablo Bahamonde, director of UBG, an Ecuadorian company specializing in health regulations, told Marijuana Business Daily that he expected the reform to become law within the next six to eight months. He explained that if the proposal is approved, the president still has the power to veto it, either partially or entirely, but that «despite the uncertainty, there is a strong likelihood of success, given that the lawmakers who support the government hold a majority in Parliament.».