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COSTA RICA - POTENTIAL REFORM TO THE LAW ON CANNABIS FOR MEDICINAL AND THERAPEUTIC USE AND HEMP FOR FOOD AND INDUSTRIAL USE. N° 10.113

Apr/2022

Bill No. 22,964 is pending in congress to amend the recently approved law on cannabis for medicinal and therapeutic use and hemp for food and industrial use. The reform is motivated by the partial veto of the executive power that modified article 5 of bill No. 21,388.

Article 5, which was initially approved, interpreted hemp cultivation as comparable to other traditional crops, considering that it lacks psychoactive effects such as those of cannabis. Therefore, Bill No. 21,388 did not require special licenses for the cultivation of hemp, remaining subject to the licenses and permits required for any productive agricultural or agro-industrial activity.

In exercising the veto, the executive power raised health and safety concerns regarding the free cultivation of hemp. Therefore, said article was modified to include the requirement of licenses for the cultivation, production, and commercialization of the hemp plant. The proposed reform seeks to modify article 5 again to eliminate the requirement of licenses for this type of cultivation. The rationale for the proposed reform is that the modification caused by the veto created inconsistencies in the law and a regulatory vacuum. In this regard, the law requires licenses, but does not regulate them in any way, unlike the licenses for medicinal and therapeutic cannabis, which are included in the law.

 

María del Pilar López
Partner
pilar.lopez@ariaslaw.com

 

Desirée Barahona Mata
Associate
desiree.barahona@ariaslaw.com


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