South America: Market and legal data for the cannabis sector

17th April 2024: Brazil: The Senate’s plenary has approved an amendment to the Constitution that would declare possession of cannabis and other drugs a crime, regardless of the amount. In the first round of voting, the score was 53 votes in favour and 9 against, and in the second, 52 votes in favour and 9 against. The amendment will now go to the Chamber of Deputies for discussion.
14th March 2024: Brazil: The Senate's Constitution and Justice Committee has approved an amendment to the Constitution to declare possession of cannabis and other drugs a crime. The amendment will now be submitted to the Senate's plenary for voting. At the same time, the federal Supreme Court is currently analysing the decision to decriminalise cannabis possession.
11th March 2024: Brazil: Following the Federal Supreme Court's postponement of the decision to decriminalise cannabis possession, the Senate has said that the amendment of the Constitution to declare possession of cannabis a crime, regardless of the quantity, will be voted on by the House Constitution and Justice Committee on Wednesday (13th March), press reports. "Personally, I'm against decriminalisation. I don't see any benefit for public safety or health," said Alessandro Vieira, one of the members of the Senate's Commission.
7th March 2024: Brazil: Yesterday (6th March) the Federal Supreme Court resumed its deliberations on the decriminalisation of cannabis possession. One more judge voted against decriminalisation, leaving 5 judges in favour and 3 against, out of a total of 11 judges. Another judge asked for more time to consider the case, and the court postponed its decision. No date has been set to resume the hearing. The case has been before the court since 2011.
4th March 2024: Brazil: The Federal Supreme Court will resume its deliberations on the decriminalisation of drug possession on 6th March. Five out of 11 judges have already voted in favour of decriminalising cannabis possession, while one judge dissented. The case has been before the court since 2011.
4th March 2024: Brazil: The Superior Court of Justice has scheduled a public hearing on 25th April to discuss the granting of authorisations to import and cultivate cannabis for medicinal, pharmaceutical or industrial use. In March 2023, the court suspended all lawsuits in the country that were related to this matter. The court will make a decision after the public hearing and the decision will be binding on all lower courts.
6th February 2024: Uruguay: The Institute of Regulation and Control of Cannabis (IRCCA) has updated the prices of cannabis varieties dispensed at pharmacies. From 1st February, the price of packages of 5 g from the varieties Alpha, Beta and Gamma will increase. Alpha will increase from UYU420 ($10.73) to UYU430 ($10.99), Beta will increase from UYU440 ($11.25) to UYU450 ($11.50), and Gamma will increase from UYU460 ($11.76) to UYU500 ($12.78). These varieties are differentiated from each other based on THC and CBD levels.
12th January 2024: Uruguay: Daniel Radío, secretary general of the National Drugs Board (JND), announced he will propose lifting the registration requirement for purchasers of cannabis in pharmacies, press reports. He said this could further prevent the black market from evolving, as many cannabis consumers do not wish to, or cannot, register due to the complicated bureaucracy involved, and are therefore forced to obtain cannabis illegally. This amendment would also allow non-resident foreigners to purchase cannabis in the country. A bill in this regard will be introduced.
11th January 2024: Chile: The governmental Agency for Research and Development has organised and funded a meeting with academics and representatives of the Ministry of Health, press reports. The meeting is for drafting a report that will serve as a basis to present a bill establishing a comprehensive regulatory framework for all uses of the cannabis plant. The next steps will be the study of other countries’ cannabis regulations and determining which model would be the best for Chile.
20th December 2023: Brazil: In an event with the industry, one of the National Public Health Surveillance Agency (Anvisa)'s representatives, João Paulo Perfeito, said that the range of permitted medical cannabis products will be expanded, press reports. This could include products such as gums and ointments. Currently, only extracts and medicinal oils have been approved by the agency.
13th December 2023: Colombia: Bill 001/2023C, which sought to amend the Constitution to legalise cannabis, was archived yesterday by the Senate, press reports. The bill was meant to be debated this week, before the end of the regular period of sessions at the parliament, in order not to be automatically archived. It was expected that it would be approved, despite discrepancies, so that it could be subject to its subsequent four remaining debates in February. However, Senate members, some of whom were from one of the parties that introduced the bill, the Liberal Party, introduced a motion to archive it. The motion was supported by 46 votes in favour and 40 against. For the bill to be introduced again it would have to wait until July 2024, and it could not be passed until 2025.

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