In recent years, Colombia has undergone a major change in its drug policy with respect to marijuana. Although still illegal at the federal level, Colombia has legalized the medicinal and scientific use of cannabis in 2015, and in 2016 allowed the importation of cannabis seeds and products for medicinal and scientific use. Since then, the country has taken steps towards the regulation and legalization of the recreational use of cannabis.
In Colombia, cannabis is regulated by the Ministry of Justice, the Ministry of Health and the National Directorate of Psychotropic Drugs of Colombia. The ICA and the Special Administrative Unit for the Inspection, Surveillance and Control of Medicines and Food (INVIMA) may also be involved depending on the type of license.
There are four types of licenses in the country:
- For the manufacture of Cannabis derivatives: allows the production of cannabis products for domestic use, export or scientific research. The application for this license must be made to INVIMA. and the cost varies depending on the intended use of the products.
- For the use of seeds for sowing: Authorizes the commercialization or delivery of seeds or for them to be used for scientific purposes. The application for this license must be filed with the Ministry of Justice and Law.
- For the cultivation of psychoactive Cannabis plants: this authorization is issued for one or more of the following modalities:
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- Seed production for sowing.
- Grain production and processing.
- Manufacture of derivatives.
- Industrial purposes.
- Research.
- Export.
The application must be filed with the Ministry of Justice and Law.
- For the cultivation of non-psychoactive Cannabis plants: as with the previous license, this is issued for one or more of the same modalities by the Ministry of Justice and Law.
These licenses may be requested by all natural and legal persons, of a public or private nature, of Colombian or foreign nationality with domicile in the country, as long as they comply with the general and specific requirements of each of the licenses.
The general requirements are:
For individuals:
- Photocopy of the identity card of citizenship or aliens.
- Document that proves the payment of the processing fee.
- Personal affidavit of source of income.
For legal entities:
- Tax Identification Number (NIT) for consultation in the Registro Único Empresarial y Social (RUES). If it corresponds to an entity exempted from registration in the Chamber of Commerce, a simple copy of the document that proves its existence and registers the name of its legal representative.
- Photocopy of the identity card of citizenship or aliens.
- Document that proves the payment of the processing fee.
- Personal sworn statement signed by the legal representative and the accountant or statutory auditor, who must attach a copy of their professional card.
The specific requirements can be found in the following guide from the Ministry of Justice: https://www.minjusticia.gov.co/programas-co/cannabis-con-fines-medicinales-y cientificos/Documents/2021/Gu%C3%ADa%20solicitud%20licencia%20cannabis%20con%20fines%20medicinales%20y%20cicientificos.pdf.
On the other hand, it is important to mention that despite the advances in the legalization of cannabis in Colombia, there are still challenges and controversies. Many conservative sectors oppose legalization, arguing that it would increase consumption and violence associated with drug trafficking. There are also concerns about the lack of regulation and control in the production and sale of cannabis, and the need to ensure that quality and safety standards are met for consumers.
In conclusion
Colombia has taken important steps towards the regulation and legalization of cannabis, both for medicinal and recreational use. While challenges and controversies remain, the trend towards cannabis legalization seems to be an inevitable reality in the country. With legalization, it is expected that Colombia will be able to take advantage of the economic and development opportunities associated with the production and sale of cannabis, and improve the quality of life of consumers who use cannabis for recreational and medicinal purposes.
Cybergraphy
https://groweriq.ca/es/como-obtener-una-licencia-de-cannabis-en-colombia/
https://tramites.minsalud.gov.co/tramitesservicios/cannabis/default.aspx
https://www.minsalud.gov.co/salud/MT/Paginas/cannabis-uso-medicinal.aspx
https://www.funcionpublica.gov.co/VisorSUIT/index.jsf?FI=54569