Court authorizes company to plant Cannabis in Brazil hours after Anvisa decision against cultivation

Marcus Bruno

The Federal Court of the Federal District authorized, at the beginning of Tuesday evening (03), the company Schoenmaker Humako Agri-Floriculture, belonging to the Terra Viva group, to import and cultivate industrial hemp seeds with a THC concentration of less than 0.3%. The decision will take effect in 15 days and comes hours after Anvisa shelved the resolution proposal for the cultivation of the plant for medicinal and research purposes in Brazil.

According to the ruling by Judge Renato Coelho Borelli, of the 9th Federal Civil Court of the SJDF, the company "may also carry out the trade of seeds, leaves, and fibers for exclusively industrial purposes (including as inputs)". Oversight will be carried out by the Ministry of Agriculture (Mapa) and Anvisa. 

"I also determine that Mapa arrange for the inclusion of industrial hemp or hemp in the National Register of Cultivars," decided the magistrate.

In its request, Terra Viva sought authorization to import and then cultivate hemp seeds, as well as the release of the trade of its fiber, leaf, and seed, in natura or after processing for oil extraction, in Brazil and also for export, for the production of medicines, herbal medicines, and dietary supplements.

It argued that "industrial hemp is not to be confused with marijuana, as it does not have the capacity to generate psychotropic effects, being intended exclusively for medicinal and industrial use, and is commonly grown for fiber production in various countries.

The company also argued that the fiber of industrial hemp can be used in the production of various products, such as clothing, footwear, beauty products, cooking oil, laundry detergent, paper, paints, and insulation.

The judge's decision notes that on Tuesday, Anvisa approved rules for the registration of Cannabis-based products for medicinal purposes in Brazil, and that the "measure allows companies to obtain approval for the manufacture of therapeutic products within national territory".

"It is worth noting that the present action does not aim at the importation, planting, or commercialization of Cannabis sativa, but rather industrial hemp, which is a plant of the species Cannabis ruderalis, a member of the Cannabis sativa family, also known as marijuana, but of different species," argued the magistrate. 

In addition, Borelli emphasizes that he only requests "authorization for the import and planting of its seeds, and subsequent sale of products for various industrial purposes".

"Therefore, as it does not concern Cannabis sativa, the prohibition contained in List 'E' of Ordinance/SVS No. 344, of May 12, 1998, which expressly mentions Cannabis sativa, and not Cannabis ruderalis, the subject of the present action, does not apply. Finally, I emphasize that for the planting and commercialization of industrial hemp in Brazil, its inclusion in the National Register of Cultivars - RNC, created by Law No. 10,711/2003, and regulated by Decree No. 5,153/2004, is necessary," the judge determined.