After a number of years of battle by numerous pro-cannabis teams and professionals in this new business, the National Assembly of Ecuador (“Asamblea Nacional”) heard the voice of those that belief hemp as a substitute for the agricultural sector of our nation. So, on September 17, 2019 with 85 votes in favor, the amendments to the Integral Organic Criminal Code (“Código Orgánico Integral Penal”) articles have been authorized with respect to substances topic to manage. The modification was printed on December 24, 2019 and can come into impact after 180 days of mentioned publication.
Written by: Xavier Valverde Carcach
Hoban Law Group
Integral Organic Criminal Code Amendment
On one hand, the modification decriminalizes the sowing, rising and harvesting of hashish, so long as competent authority points an authorization for therapeutic or medical-scientific analysis functions and for non-pharmaceutical industrial use, non-medical scientific analysis, or coaching, inside the authorized framework of the 2015 provisions by the Organic Law of Integral Prevention of the Socio-economic Phenomenon of Drugs and of Regulation and Use Control of the Listed Substances Subject to Control (“Ley Orgánica de Prevención Integral del Fenómeno Socio Económico de las Drogas y de Regulación y Control del Uso de Sustancias Catalogadas Sujetas a Fiscalización”).
On the opposite hand, the Integral Organic Criminal Code modification embraces the worldwide development and acknowledges hemp as a unique crop from the remainder of hashish, understanding that the aim is to distinguish it from marijuana. Also, it established a distinction for hemp from the remainder of the Cannabis species, at any time when it has a content material lower than 1% of THC, ordering its elimination from the listed substances topic to manage.
Global Trend Towards Legalization of Cannabis Crops
This represents an excellent first step to incorporate Ecuador among the many South American international locations which have adopted the worldwide development in the direction of legalization of hashish crops, particularly hemp.
Once the modification got here into impact on June 21, 2020 our sights are targeted on the Ministry of Agriculture and Livestock (“Ministerio de Agricultura y Ganadería”), since one of many Integral Organic Criminal Code amended provisions offers that such authority should subject the corresponding rules relating to hemp. To this finish, the Ministry has a time period of 100 and twenty days to adjust to the issuance of the right rules. We will proceed to observe these developments and maintain you updated relating to rules and alternatives in Ecuador.