ANVISA will have six months to regulate the practice
The First Section of the Superior Court of Justice (STJ) unanimously authorized the importation of seeds and cultivation of industrial hemp for medicinal purposes. The Brazilian Health Regulatory Agency (ANVISA) now has six months to regulate the practice. It is important to note that industrial hemp is a variety of cannabis that does not cause psychoactive effects, as it contains no more than 0.3% of tetrahydrocannabinol (THC), the active compound in marijuana.
During today’s session, the ministers assessed an appeal against a decision by the Federal Regional Court of the 4th Region (TRF-4), which had rejected a request for authorization to import industrial hemp seeds for planting, commercialization, and industrial exploitation of Cannabis sativa by a biotechnology company.
In the appeal to the STJ, the company argued that industrial hemp is a variety of cannabis with low levels of THC, differing from the versions used recreationally.
Differentiation
According to the rapporteur of the case at the STJ, Minister Regina Helena, the authorization for the cultivation of industrial hemp for medicinal purposes aligns with the scientific and medical distinction made between medicinal and recreational use.
“Treating industrial hemp the same way as marijuana, disregarding the scientific foundations distinguishing the two, constitutes a measure that is notably inconsistent with the purpose embraced by the Drugs Law,” justified the Minister.
For lawyer Murilo Nicolau, an expert in the medicinal cannabis sector, this decision marks the beginning of the development of an agricultural and industrial sector that is already highly advanced in countries like the United States, Canada, and the European Union.
