Tax reform could make imported cannabis more expensive and impact access to treatment
Sandro Nogueira, CEO of Memphis Logistics, warns that the potential removal of tax benefits could raise the cost of imported cannabis and hinder patients' access to treatment.
I believe there will be a greater incentive for companies with registered medications
The Tax Reform could alter the import costs of medical cannabis products and impact patients' access to treatment in Brazil. Starting in 2027, the rollout of the Contribuição sobre Bens e Serviços (CBS) and the gradual transition to the Imposto sobre Bens e Serviços (IBS) raise questions regarding the continuation of tax benefits and the tax classification of products imported by patients under RDC 660/2022 of the Agência Nacional de Vigilância Sanitária (Anvisa).
The potential impact concerns companies operating in this market, especially given the lack of definition regarding the tax rates applicable to each transaction and the continuity of existing tax benefits. The issue involves not only the final price of the products, but also corporate cash flows, payment systems, and competitiveness among suppliers.
In a statement to clients released in October 2026, Memphis Logistics warned of the possibility of new taxes being levied on import transactions of cannabis-derived products intended for patients. The company emphasizes that interpretative and regulatory questions remain to be clarified, and that it is not yet possible to state that all operations will be subject to full taxation.
Sandro Nogueira, CEO of Memphis Logistics, warns that the potential removal of tax benefits could raise the cost of imported cannabis and hinder patients' access to treatment. The impact will depend on the tax classification of each product, and precisely on these rates and the continuation of currently existing tax benefits,” states Sandro Nogueira, CEO of Memphis Logistics.
Products imported under RDC 660 are at the center of the discussion
RDC 660/2022 establishes the requirements for the exceptional importation, by individuals, of cannabis-derived products for personal use, upon prescription and Anvisa authorization. The procedure is used by patients who turn to foreign suppliers to obtain products intended for healthcare treatment.
The tax discussion involves the differences between these products and medications registered with Anvisa. Supplementary Law No. 214/2025, which regulated the Tax Reform, provides differentiated tax treatment for certain categories of medicines, subject to specific classification requirements.
Products exceptionally imported under RDC 660 do not necessarily hold sanitary registration as medications. Therefore, the application of any tax benefits depends on the analysis of the characteristics of each product and the conditions provided for by law.
In Sandro Nogueira's assessment, this difference could create a tax asymmetry between products imported by patients and registered medications.
“I believe there will be a greater incentive for companies with registered medications, because under LC 214/2025, differentiated tax treatments were established for medications registered with Anvisa, including a 60% reduction in IBS and CBS rates and specific cases of zero rates. On the other hand, products coming via RDC 660 do not have registration and will not be able to benefit from these tax breaks.”
The application of these treatments depends on the legal classification of each transaction. It is not yet possible to establish a general percentage increase for products imported under RDC 660, nor to state that all such imports will be subject to full taxation.
Possible cost increase worries patients
One of the main points of concern is the effect that a potential change in the tax burden could have on patients who rely on imported products to maintain their treatments.
Since many treatments are ongoing, the cost increase could compromise patients' ability to purchase the products. The actual impact will depend on the taxation applied to each operation and how much of this cost is passed on to the consumer.
Nogueira highlights the lack of tax credit mechanisms for patients who import the product for personal use.
“For the RDC 660 patient, they will only perceive the increase in medicine prices as these taxes are passed along, and for this consumer there is no possibility of tax credits whatsoever.”
The executive also connects the discussion to healthcare access.
“What worries us considerably is that most patients are undergoing continuous treatment, and the increased tax burden on these medications, due to the potential cancellation of current tax benefits, will diminish access to these medicines; and we know that, under our Constitution, access to healthcare is a fundamental right.”
There is still no definitive percentage increase that can be attributed to the Tax Reform. The final outcome will depend on the applicable rules, the tax classification of the products, and whether or not existing tax benefits are preserved.
Tax reform could squeeze companies' cash flows
In addition to the potential impacts on pricing, the Tax Reform is expected to demand operational adjustments from companies dealing with the importation of medical cannabis products.
According to Nogueira, the collection of taxes and the need to adapt payment systems could affect corporate cash flow, especially in transactions involving overseas suppliers and payments.
“This is a widely debated topic right now, and the forecast is that the instant payment of taxes will directly impact corporate cash flows. In the case of cannabis sector platforms, the complexity increases considerably, as the platforms and payment methods currently in use are not prepared for this new reality, since payments are executed abroad. This will require even more investment to adapt to this new dynamic defined by the government.”
The executive also emphasizes the need to review the processes involved throughout the operation, from placing the order to doorstep delivery to the patient.
“Companies must not only seek to develop technological tools, but primarily review all their financial processes, from receiving the order abroad to customs clearance and doorstep delivery to the patient's home.”
The adjustments involve management systems, invoicing, and tax documentation, in addition to financial and logistics procedures. Advance preparation is essential so that companies can identify potential changes in costs and import routines before the new rules take effect.
Tax credits could shift competitiveness among companies
Another point raised by the CEO of Memphis Logistics is the effect of the new IBS and CBS credit system on commercial relationships between businesses.
In the executive's assessment, the ability to utilize tax credits could influence the purchasing decisions of distributors, pharmacies, and other market stakeholders. Consequently, the purchase price may no longer be the sole factor considered when selecting suppliers.
“Yes, this risk exists. The new CBS and IBS credit mechanism could lead corporate buyers to consider not just the supplier's price, but also the tax credit they will be able to claim. Companies under the Simples regime will have to assess whether they will remain in the simplified regime or migrate to the regular regime for IBS and CBS. This could directly influence the commercial competitiveness of these businesses, especially in contracts with distributors, pharmacies, and other B2B ventures.
For the RDC 660 patient, they will only perceive the increase in medicine prices as these taxes are passed along, and for this consumer there is no possibility of tax credits whatsoever.”
The impact will depend on each company's tax regime, the transactions performed, and the rules governing credit utilization. Therefore, the assessment of tax alternatives must take into account the specific characteristics of each business.
In the cannabis market, the discrepancy in treatment between products imported via RDC 660 and registered medications could influence supplier competitiveness and operational cost structures.
Memphis recommends early preparation for 2027
Given the anticipated changes, Memphis Logistics advises companies to evaluate in advance the tax classification of marketed products, the possibility of claiming tax benefits, and the financial implications of the new rules.
Nogueira highlights the importance of preparing internal systems and procedures.
“I believe the priority must be ensuring that management, billing, and tax documentation systems are prepared for the new fields, codes, and validation rules required by the Tax Reform. Memphis is closely tracking these changes to adapt its operational procedures to the new requirements.”
In the statement sent to clients, the company advises importers to involve their legal, fiscal, and tax advisors in assessing the new rules and to explore possible commercial and operational adjustments ahead of 2027.
The executive considers the primary issue facing the sector to be the potential tax discrepancy between products exceptionally imported by patients and medications registered with Anvisa.
“In summary, the greatest risk and the central issue deserving the utmost attention is the artificial creation of a tax asymmetry between cannabis products imported under RDC 660 and medications registered with Anvisa. This issue warrants thorough discussion with all companies across the sector, under penalty of a significant loss of commercial competitiveness and potential economic non-viability for foreign companies that currently supply RDC 660 patients.”
Defining the tax classification of each transaction will be critical to understanding the reform's effects on the market. Until pending matters are clarified, the sector will need to monitor regulatory developments and evaluate the potential impacts on businesses and patients' access to imported products.
Tax reform and medical cannabis: watch DeusaCast
The Tax Reform and its potential impacts on the cannabis market were also the focus of an episode of DeusaCast, Sechat's podcast.
To delve deeper into the discussion about tax changes and sector challenges, watch the episode on YouTube: