What you should know about the new regulation for industrial use of cannabis







President Iván Duque reported that, with the support of government ministries, Resolution 227 of 2022 was issued, establishing all the necessary mechanisms to the industrial use of cannabis in sectors such as: food, beverages and also textile uses.


(Keep reading: Government issues new regulations for the industrial use of cannabis)

This regulation establishes conditions for the industrial use of the vegetable component of the cannabis plant (leaves, stems or grains). In addition, improvements are established to the processes with which licenses and quotas are granted for products based on the cannabis plant.

“This resolution allows, defines and establishes all the mechanisms and procedures for the industrial use of cannabis, defining, of course, that these uses have to do with the non-psychoactive component”, said the president.

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Furthermore, the head of state stressed that with this resolution, producers in the food, textile and alcoholic and non-alcoholic beverage sectors will be able to use of the non-psychoactive components of the plant and thus supply the national and foreign demand.

(Of your interest: The opportunities that are opened to the country with the new cannabis decree)

In In this regard, the Minister of Health and Social Protection, Fernando Ruiz, said that “it is important to highlight the different health provisions that must be taken by the National Institute for the Surveillance of Medicines and Food (Invima) with good manufacturing practices and labeling requirements, fundamental for the advancement of the industry.”

Ruiz assured that with the resolution issued by the Government, the Colombian industry will be able to advance with the production of products derived from cannabis in the country.

(Also read: With taking cannabis during pregnancy could have consequences, according to a study)

Given the doubts that are beginning to arise about licenses and quotas in the regulation of cannabis, at EL TIEMPO we resolve some of the most important questions issued by the Ministry of Health and Social Protection:

What channels will be used to make a license and quota request?

The respective requests must be submitted through the Information Mechanism for Cannabis Control (MICC). Only in case of failure of the mechanism, requests will be made through other means provided by the competent authorities.

What license do I need to grow cannabis or manufacture
derivatives?

According to the activities to be carried out, one or more licenses may be requested in the corresponding mode. There are several types of license:

1) Cannabis derivatives manufacturing license. Its modality is for national use, research and export.

2) Manufacturing license for non-psychoactive derivatives of cannabis.

3) Seed license for planting and grain.

4) License to cultivate psychoactive cannabis plants.

5) License to cultivate non-psychoactive cannabis plants. Its modality includes the production of seeds for sowing, production and transformation of grain, manufacture of derivatives, industrial purposes, research and export.

6) Extraordinary license for the cultivation of cannabis plants. Its modality is the exhaustion of stocks and non-commercial research.

7) Extraordinary license for the manufacture of derivatives. Its modality is the depletion of stocks and non-commercial research.

Is it possible to advertise the components of cannabis plants and its derivatives?

Yes, it is possible to advertise seeds for sowing, grain, plant components, cannabis plants and cannabis as raw material, as well as its derivatives.

Is it possible to advertise with finished products that contain the components of the cannabis?

Yes, as long as the applicable advertising requirements for each type of product are met.

Can I continue manufacturing
non-psychoactive cannabis derivatives?

Yes. However, manufacturers of non-psychoactive cannabis derivatives will have a period of up to six (6) months to file their license application with Invima.

While Invima decides on the application for this license, they may continue with the manufacturing activities of non-psychoactive cannabis derivatives.

What quotas can I request to grow cannabis and/or manufacture derivatives?

You can request an ordinary quota or a supplementary quota, taking into account the following guidelines:

1) Ordinary quotas:
– Cultivation of psychoactive cannabis plants. It includes the production of seed for sowing, the production and transformation of grain and the manufacture of derivatives. It also has industrial, research and export purposes.

– Manufacture of cannabis derivatives, for national research and export use.

2) Supplementary quotas:
/b>- Cultivation of psychoactive cannabis plants. Its modality is the production of seed for sowing, production and transformation of grain, manufacture of derivatives, industrial purposes, research and export.

– Manufacture of cannabis derivatives. Its modality is for national, research and export use.

– Exceptional use of psychoactive derivatives. Its modality is for national, research and export use.

Can I change the modality of my quota?

Yes you can, except to change from the research mode to a commercial mode. Additionally, it will be possible to change the modality in the cultivation quotas as long as the product to be obtained is the same as approved in the initial quota.

What quota do I need to export cannabis?

As long as the cultivation licensees do not have the export modality in their license , it will be temporarily allowed to export cannabis using the derivatives manufacturing modality, as long as you have requested the inclusion of the export modality in the psychoactive cannabis cultivation license.

Therefore, if desired To export psychoactive cannabis, the cultivation quota must be requested in the derivatives manufacturing modality.

In the case of non-psychoactive cannabis, a quota will not be required and you will only have to indicate the number of the registered office at the Foreign Trade Single Window .

What components of plants can I use to make food, beverages, alcoholic beverages and dietary supplements?

For the preparation of These products may use the plant component, grain and non-psychoactive derivatives of cannabis.

Note: seed and grain are the same, it only depends on the intended use, that is, the seed is for sowing and the grain is understood as raw material to make a product.

Can I make food, beverages, alcoholic beverages and dietary supplements with CBD?

For export, these products can be made with CBD, complying with the requirements of the country of destination. However, the marketing of these products with CBD in the national territory will be subject to the regulations issued by the Ministry of Health and Social Protection.

What do I have to do to export cannabis?

– Having requested the inclusion of the export modality in the license of cultivation of psychoactive cannabis.

– In the case of psychoactive cannabis, have requested the respective quota.

– In the case of non-psychoactive cannabis, a quota will not be required and you will only have to indicate the number of located in the Single Window for Foreign Trade.

The foregoing, solely for scientific purposes until the foreign trade resolution is issued, which establishes the necessary conditions and requirements to export for commercial purposes.

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