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Newly implemented regulation for the cannabis industry in Colombia

For more than five years, Colombia has been considered one of the leading countries within the medicinal cannabis market, with robust regulation and pioneering companies devoted to developing new therapeutic products seeking to help patients worldwide.

However, there was still room for improving the local governing provisions, particularly regarding one major issue, the possibility of exporting dry flowers. Dry flowers encompass a significant portion of the international cannabis market and led to economic development in other countries within the region, such as Uruguay. Consequently, there was considerable pressure for the Colombian regulators to allow this type of export.

On July 23rd, 2021, Decree 811 was signed by the Colombian president, therefore enacting a new regulation regarding cannabis which will replace the previous Decree 613. Whereas the most significant change is the possibility to export dry cannabis flowers from Colombia, the Decree introduces other important changes; we have gathered the most relevant ones:

Firstly, Decree 811 creates a new type of license for transforming non-psychoactive cannabis (less than 1%THC) to guarantee transparency and traceability of the plant’s by-products.

Secondly, it extends the licenses granted to cultivate and produce cannabis derivates from 5 to 10 years.

Thirdly, it establishes the legal framework for hemp products with industrial applications such as fibers, cosmetics, beverages, and foods for human and animal consumption; this initiative will translate into a significant regulatory modification bearing in mind that at the time, there aren’t specific provisions to regulate hemp uses in our country.

Fourthly, it expands the range of distribution channels for cannabis-based magistral preparations and establishes a specific regime allowing the use of free trade zones to boost the local pharmaceutical industry.

Finally, it lifts the ban on promotion and advertisement for cannabis products.

It is worth mentioning that some regulations are pending for the Decree to be fully applicable. However, it is a necessary effort to consolidate the industry and help in the economic reactivation of the country.

For any regulatory advice on this matter, or questions or comments, please contact us.