Medicinal Cannabis: Foundations for Effective Regulation in Local Trade
In the previous article, we explored the complexities of the current regulations regarding medicinal and therapeutic cannabis. However, it is only sufficient to outline the problems by discussing potential solutions. Aware that this industry is in its early stages in our country and expanding in other regions, it is imperative to establish clear guidelines on crucial aspects such as patient identification, product quantity, transportation, and authorized points of sale.
What aspects deserve priority attention for effective regulation?
Initially, it is essential to establish a system for patient identification and registration. A prominent example is the state of California, where patients can access treatment upon recommendation from a healthcare professional. In this state, the Medical Marijuana Program (MMP), regulated by Law 420, provides state identification cards to patients and caregivers. These cards are valid for one year and authorize authorized patients to cultivate, possess, and transport specific quantities of processed cannabis as appropriate. The above could be a viable implementation option, although, under our regulations, a medical prescription from a healthcare professional may suffice to meet this requirement.
Another issue that requires special attention is the regulation of establishments where medicinal and therapeutic cannabis is sold to patients, as this affects local trade. Although security and compliance requirements must be stringent according to the law, any individual who meets them can establish a dispensary operating under the regulations for the storage and sale of cannabis-derived products. This would involve paying the enabling titles established by the government and complying with safety and quality standards associated with the plant and its derivatives. The current regulations also have shortcomings regarding transportation, as they do not specifically address the transportation that users undertake from their medication or raw materials to the points of sale. The “spirit of the legislator” regarding Law number 10113 was continually establishing a framework for enabling titles for authorized activities.
In this sense, the Ministry of Health has delegated the authority to define, through regulations, additional regulations, permits, or authorizations, in order to fulfill the objectives described in said law as proof of this Article 7 of this legislation establishes the powers of the Executive Branch to issue the necessary regulations to allow the orderly and safe development of the activities authorized by the law. It is also essential to define the maximum number of permitted dispensaries, their operating hours, the geographical location of these establishments, and the corresponding security measures. Additionally, the feasibility of allowing cooperative associations to provide medicinal products to the market on a non-profit basis should be considered, thus facilitating access for patients with limited resources.
For Costa Rica, adopting a regulation that considers these aspects would represent a significant advancement in legal clarity, patient protection, and promotion of a responsible and safe medicinal cannabis industry. It is imperative that Costa Rican authorities carefully consider these, among other regulations, when drafting policies for the medicinal and therapeutic use of cannabis.
