Colombia, the largest country in South America and Latin America, is the sixth most populous country and fifth-largest country by area. The Portuguese first introduced Cannabis to brazil in the early 1800s and since then brazil has been working on the laws revolving around the legal status of cannabis and related products like hemp flower in Brazil. That’s not only it, Brazil after prohibiting the use of cannabis and hemp flower in the 1830s, considered tweaking the laws regarding cannabis in the later years.
However, before understanding the legal status of Hemp and cannabis, let us shine light upon the timeline and cannabis facts in Brazil
Cannabis history in Brazil:
After the Brazilian population was introduced to hemp by the Portuguese in 1800, the government, over the next few years, saw a surge in the use. The use of cannabis was not without consequences, hence, the Municipal Council of Rio de Janeiro prohibited its cultivation in the 1830s.
In 2006, the Brazilian law considered it illegal to cultivate plants from which drugs can be produced/extracted. This included the hemp/ cannabis plant. Trading and trafficking cannabis was considered a criminal act with legal consequences.
However, over the next few years, the laws began to change. In 2015, cannabis and hemp for terminally-ill patients were allowed with tetrahydrocannabinol content greater than 0.2%. However, it should only be for patients will terminally ill conditions, who have exhausted other treatment options.
Then, in 2017, Brazil granted the first license for a cannabis-based (Mevatyl oral spray) medicine, thereby allowing its sales. And in 2019, the laws further relaxed. The National Health Surveillance Agency or ANVISA (Agência Nacional de Vigilância Sanitária) allowed importing medical cannabis products.
License for growing Hemp in Brazil:
In the past year, Brazil became more lenient. More licenses were issued for the use and plantation of hemp and cannabis.
In December of 2019, a judge from the Federal District authorized a company to legally grow and import industrial hemp. However, the concentration of THC should be less than 0.3 percent.
Moreover, ANVISA also approved the sale of cannabis-based medical products. However, it refused to allow domestic cultivation.
The march of 2020 brought the news of the first national license for the home-based cannabis and hemp plantation. However, it should be for medicinal purposes only.
How Brazil classifies cannabis:
To understand the Brazilian laws regarding cannabis, it is crucial to understand how Brazil classifies cannabis and related products.
According to the classification, cannabis is divided into three categories:
- Registered cannabis-based medicine with proven efficacy and safety. This category includes Mevatyl.
- Registered cannabis products with “sanitary authorization.” ANVISA, in December 2019, created this category. It includes the products that must be registered but do not require proven efficacy. Products under this category can be manufactured domestically and can be sold to patients, however, a prescription is mandatory.
- The third category includes the non-registered products that need a case-to-case based authorization for importing, by individual patients. Since these products are nonregistered, they do not need to have a proven efficacy via clinical trials.
What concentration of THC is considered psychoactive in Brazil?
According to a bill, any cannabis-derived medicinal product with a THC content of more than 1% will be considered psychoactive.
Can I mail cannabis seeds to Brazil?
Cannabis seeds are illegal to be sent in the mail even for medicinal purposes.
Can I grow hemp flower or cannabis plant?
In draft legislation set out in October, the growth of hemp and cannabis for industrial or medicinal purposes was considered legal. However, there are a set of rules to be followed and abided. For both industrial and medical purposes, it is important to make sure that there is a particular parameter for crop growth with authorized access only. All entry points should be video-monitored with a security alarm system for trespassers.
Can I grow hemp for recreation?
Even with the recent legislation, the bill didn’t approve cultivation for recreational purposes. So, unfortunately, it is not a piece of good news for those willing to plant for recreation.
Can I smoke Hemp in public?
Brazil prohibits the recreational use of cannabis, therefore, public smoking of Hemp is illegal.
Can I import hemp or cannabis in Brazil?
Yes, only if your company has a Sanitary Authorization. Moreover, your company should have a Certificate of Good Practices in Distribution and Storage. Above all, the importer should abide by the regulations outlined by the ANVISA regarding importation. If you are a patient and have a prescription, ANVISA allowed the patient to import the cannabis-based medication, provided that the patient is enrolled before ANV
With the recent changes in the Brazilian regulations regarding the legal status of hemp flower and cannabis in Brazil, it is vital to be updated regarding the laws and regulations. With the recent leniency in the laws, especially during the COVID pandemic, Brazil is looking forward to seeing a surge in income as more investors are now attracted.
Rolim da Silva, President at the Latin-American Industrial Hemp Association (LAIHA), said:
“I would not be surprised if we start 2021 with a functional regulation in place in Brazil, allowing the country to finally compete in the sector. And trust me, we will give American and European hemp farmers a run for their money. Our costs in agriculture are overall lower and we have excellent climate conditions to become the most competitive player in the world.”