The Ministry of Health (MinSa) recently published the draft law to regulate the use and cultivation of cannabis, which includes industrial production as well as the private production. From its publication, the public and private sectors as well as citizens have 90 days to send suggestions and comments, which will then be processed by the Medicines, Supplies and Drugs Office (Digemid), the office in charge of drafting the final proposal of the regulation.
According to Law 30681, published in November 2017, the medicinal and therapeutic use of cannabis and its derivatives are allowed in Peru. The main objective of this law is “to guarantee the fundamental right to health and allow access, exclusively for medicinal and therapeutic use, of cannabis and its derivatives.”
In mid-2021, the government issued Law 31312, an update that now contemplated the right to home cultivation or artisanal production, which would allow registered and qualified patients to obtain medical cannabis through these processes. However, the publication of this law was received with heavy criticism by civil associations since many patients would not have guaranteed access to treatments. The reality is that patient and civil associations don’t have the same resources as professional cultivation laboratories to obtain licenses or comply with the demanding regulations on safety issues.
The pending regulation will define within the legal framework how patient groups would be able to legally cultivate their own treatments. Among the legal provisions considered are the informed use, research, guidelines for the production, import and marketing of cannabis and its derivatives, intended for exclusive medicinal and therapeutic uses. In addition, the THC level for prescription treatments increased from 0.2% to 1%.
Among the most popular uses of medical cannabis oil in Peru is the treatment of pain, epilepsy and anxiety.