South America: Market and legal data for the cannabis sector

13th December 2024: Brazil: The Attorney General’s Office (AGU) has filed an appeal with the Superior Court of Justice with a request to extend the deadline of six months for the regulation of the import of seeds, cultivation, industrialisation and commercialisation of cannabis plants of up to 0.3% THC for medical, pharmaceutical or industrial purposes. In November 2024, the Superior Court of Justice gave the National Health Surveillance Agency (Anvisa) and the federal government six months to issue regulations on the matter. According to the AGU, the regulations are a significant regulatory challenge that requires coordination and political-administrative alignment between several government agencies, which require a longer period to ensure a cohesive, comprehensive and technical approach.
29th November 2024: Brazil: The National Public Health Surveillance Agency (Anvisa) has updated its 2024-2025 regulatory agenda. The agenda includes, among other items, a review of the regulation of cannabis products for medical purposes (RDC 327/2019). According to the document, the aim is to “enable safe access to essential products and services for the health of the population”. No more details of the update were provided.
22nd November 2024: Uruguay: National elections will be held on Sunday (24th November) to determine the next president. Yamandu Orsi of the leftist Broad Front (Frente Amplio) is favoured, though a close race is anticipated, press reports. Notably, cannabis was legalised in 2013 under the Broad Front’s former president José Mujica. Orsi’s opponent, Alvaro Delgado, is from the National Party, which is part of the current ruling Republican Coalition. Both candidates are considered moderate and unlikely to make major reforms, including any significant reforms to cannabis legislation.
14th November 2024: Brazil: The Superior Court of Justice has unanimously decided to authorise the import of seeds, cultivation, industrialisation and commercialisation of cannabis plants of up to 0.3% THC for medical, pharmaceutical or industrial purposes, press reports. The decision is binding, and the National Health Surveillance Agency (Anvisa) and the federal government have six months to issue regulations. Hemp is currently prohibited in Brazil.
12th November 2024: Brazil: The Supreme Court will decide whether the National Health Surveillance Agency (Anvisa) exceeded its powers when it banned the sale of medical cannabis-based products in compounding pharmacies by creating a distinction between compounding and non-compounding pharmacies not provided by law. An Anvisa decision stipulated that sales could only take place in non-compounding pharmacies and drugstores, as it is a psychotropic substance subjected to special control. The process has yet to be defined.
31st October 2024: Brazil: The National Health Surveillance Agency (Anvisa) board of directors has approved the prescription of cannabis-based products for veterinary use. Qualified veterinarians can prescribe registered products, products with an Anvisa health authorisation and products for exclusive animal use regulated by the Ministry of Agriculture. Products will require a special prescription.
15th October 2024: Uruguay: A new, more potent cannabis variant, epsilon, will be sold in pharmacies beginning today, press reports. In September, the Institute for the Regulation and Control of Cannabis approved the new variant, which contains up to 15% THC, for sale in pharmacies without a prescription. The most potent of the other three approved varieties only contains up to about 12% THC.
17th September 2024: Uruguay: The Institute for the Regulation and Control of Cannabis (IRCCA) has approved a new variety of recreational cannabis with a higher THC concentration than is currently legally available, which pharmacies will begin selling by the end of the year, press reports. The new variety, Epsilon, will contain up to 15% THC, whereas the most potent of the other three approved varieties only contains up to about 12% THC.
30th August 2024: Colombia: President Gustavo Petro has asked the parliament to support a bill introduced in July that would amend the constitution to legalise recreational cannabis, press reports. Petro said legalisation would be beneficial in increasing the country’s exports and improving the economy. He also said it could help resolve security issues caused by illegal cultivation and trade in some areas of the country. Several attempts to amend the constitution in this regard have been made in the past. In December, the same bill was rejected by the parliament on its last vote due to last-minute discrepancies among representatives.
27th June 2024: Brazil: Following the Federal Supreme Court's decision to decriminalise cannabis possession, the judges have decided that a person possessing or storing 40 g of cannabis or six female plants will be presumed to be a cannabis user until the National Congress legislates on the matter. The decision states that the presumption of possession or storage is relative, meaning that, depending on the situation, it will be up to the police to decide whether the situation qualifies as drug trafficking.
26th June 2024: Brazil: The Federal Supreme Court has resumed its deliberations on the decriminalisation of cannabis possession. One judge, who was undecided last week, added to his vote by saying that his vote was “clear that no user of any drug can be criminalised”, forming a majority for decriminalisation of possession. The judges will now have to define the criteria for distinguishing users from dealers. The president of the court signalled that there could be a consensus among the judges at an average of 40 g.
21st June 2024: Brazil: The Federal Supreme Court has resumed its deliberations on the decriminalisation of cannabis possession. One more judge has voted, but his vote was not decisive. He did not give his opinion on the decriminalisation of possession and said the sanctions foreseen in the law are not criminal but administrative. The result, therefore, is still 5 judges in favour and 3 against, out of a total of 11 judges. The hearing is scheduled to resume on 25th June. The case has been before the court since 2011.

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