The Ministry of Health may grant the following licenses for the industrialization or elaboration and the commercialization, transportation, and distribution of medicines and other value-added products for medical or therapeutic and industrial use, using cannabis plants, their by-products, and derivatives for medicinal and therapeutic use as raw material:
- 1)Licenses for laboratories and processing plants. Enables the industrial production of medicines, cosmetics, and other pharmaceutical products for medical or therapeutic use, from the industrialization of cannabis and hemp plants and their by-products and derivatives, the extraction of their components, as well as the importation of raw material, transportation, distribution, and commercialization, including the export, of said value-added products. These establishments must comply with the requirements established for the operation and functioning of this type of industry, in accordance with Law 5412, Ley Orgánica del Ministerio de Salud, of November 8, 1973; Law 5395, Ley General de Salud, of November 30, 1973, and their regulations. Likewise, all medicines produced must comply with the legal and regulatory requirements in force for the registration and commercialization of these products, in order to guarantee the protection of the life and health of persons.
The Ministry of Health shall determine the permitted ranges of CBD and THC that said products may contain, the verification of which shall be carried out through technical studies.
- 2)Licenses for small industries. Enables small-scale or artisanal industrial production, as well as the importation of raw material, transportation, distribution, and commercialization, including export, of essential oils, creams, cosmetics, and other therapeutic use products, authorized for sale by the Ministry of Health, using psychoactive cannabis plants or their extracts and derivatives, and hemp or its by-products and derivatives, by individuals or micro and small enterprises.
The regulation of this law shall establish reasonable and differentiated requirements for these activities, in consideration of the size and nature of the activity and in order to promote the most adequate distribution of wealth, without undermining the protection of public health.
These establishments must prove the lawful origin of the raw material based on psychoactive cannabis used in their production and implement a traceability system that allows verifying said origin throughout the entire production chain. They shall be subject to the controls, records, and other obligations established in Title III of Law 8204, Ley Sobre Estupefacientes, Sustancias Psicotrópicas, Drogas De Uso No Autorizado, Actividades Conexas, Legitimación de Capitales y Financiamiento al Terrorismo, of December 26, 2001.
Companies that obtain a license for the industrialization or elaboration of medicines and other value-added products for medical or therapeutic use, using psychoactive cannabis plants or their by-products and derivatives as raw material, are authorized to establish and operate under the Free Zone Regime (Régimen de Zonas Francas) established in Law 7210, Ley de Régimen de Zonas Francas, of November 23, 1990, with all its incentives, benefits, and conditions.