Colombia has published Decree 1.138, which officially authorizes the use and commercialization of dried cannabis flower as a medicinal product, something that was not allowed before. The new legislation also establishes rules to expedite licensing.

According to lawyer Carlos Araújo, a Master in Public Policies and Strategic Consultant for the Cannabis chain, the measure was "rushed edited". He points out that, although it opens up possibilities, the norm lacks definition, which could concentrate the market in the hands of large industries.

The decree redefines the concept of "finished product". This allows for the sale of flowering cannabis directly to the consumer, with sanitary certification, without the need for industrial transformation.

In an exclusive interview with Sechat, the General Director of the National Narcotics Fund (FNE) of Colombia, Milver Rojas, confirmed that the norm represents a milestone.

"The spirit of the norm is really to promote production, processing, export, and even the use of the flower as medicine in Colombia," said Rojas.

Rojas explained the five-month deadline for the Ministries of Justice, Health, and Agriculture to detail the technical requirements. There will also be a transition period of up to two years for full implementation.

"In principle, there are five months provided in the decree to define the terms, that is, to detail the requirements," he said. "And there is a prudent time of up to two years for the newcomers to meet this regulation and then enter the market."

However, lawyer Carlos Araújo takes a more cautious analysis. "Here we criticize Anvisa [National Health Surveillance Agency of Brazil], but it is better to take all precautions than to release a material with points to be defined," he compares.

According to Araújo, the text "says very little about how the regulation will be done" and probably "should not include small and medium products and bring low-priced products to the citizen". "The possibility is open, but it is not yet defined how it will happen," Araújo points out.

Can the New Decree Concentrate the Cannabis Market in Colombia?

For Carlos Araújo, the lack of clarity and the standards required in the new decree should directly impact who can participate in the market.

"To produce cannabis medicines, a standard that practically no Colombian company produces today will be necessary. Few are exporting flowers to Europe," explains the consultant.

In his view, "small and medium growers, who are still out because they do not have the necessary qualifications to manufacture medicines, are unlikely to thrive in this market".

The consequence, Araújo predicts, is that the "market will be concentrated in large industries", despite the text providing simplified procedures for small producers.

Home Cultivation in Colombia is an Alternative

The specialist points out that access in Colombia has a particularity: home cultivation. "Home cultivation has been authorized since 1986, by the Health Law. Each Colombian can grow up to 20 plants in their home," he says.

For Araújo, this directly impacts the adherence to pharmaceutical products. "If a citizen needs the medicine, he is unlikely to seek an expensive product at the pharmacy, especially because in Colombia, sharing cannabis is not a crime."