El ejecutivo está elaborando un proyecto de ley para crear un marco regulatorio con respecto al cannabis medicinal y el cáñamo industrial. Así lo aseguraba el ministro de Desarrollo Productivo, Matías Kulfas, a través de sus redes sociales a principios de febrero.
“Estuve intercambiando ideas con la senadora Anabel Fernández Sagasti y las diputadas Carolina Gaillard y Mara Brawer respecto del tratamiento legislativo de un marco regulatorio para el desarrollo de la industria del cannabis para uso medicinal y del cáñamo para uso industrial”, publicó el funcionario, en ese entonces, después de la primera reunión para comenzar a preparar el proyecto.
Desde el Congreso Nacional se está trabajando, en este sentido, desde el 2020. Tanto en la Cámara de Diputados como en la Cámara de Senadores se presentaron diferentes proyectos para regular el uso del cannabis con fines terapéuticos y también para darle un marco regulatorio al cáñamo industrial.
Según uno de los borradores del proyecto, se habla de la creación de la Agencia Regulatoria de la Industria del Cáñamo y del Cannabis Medicinal (ARICCAME) como el organismo competente para “reglamentar, controlar y emitir las autorizaciones administrativas con respecto al uso de semillas de la planta de cannabis, del cannabis y de sus productos derivados”.
Por otro lado, el borrador detalla que la ARICCAME será la encargada de “la regulación y fiscalización de la actividad productiva de la industria del cannabis de uso medicinal e industrial en el territorio nacional”. De esta manera se entiende que será el organismo que centralice todo lo referido a la producción y también quién de los registros correspondientes para realizar dicha actividad.
Los borradores no especifican quienes podrán formar parte del proceso productivo. Pero está claro que quienes quieran ser parte deberán contar con la autorización de la ARICCAME.
La iniciativa del Ministerio de Producción tiene límites y un objetivo claro. El enfoque es productivo, elaborar las herramientas que permitan el desarrollo de la industria del cannabis medicinal, que ya cuenta con una ley vigente. Y establecer un marco regulatorio para el cáñamo industrial, que aún no cuenta con una legislación clara.
Nada de lo planteado hace pensar en una reforma en la ley penal actual, que sigue penando el cultivo y la tenencia de cannabis por considerarlo ilegal.
La ley de cannabis medicinal da lugar a excepción en caso de que las usuarias y usuarios sean medicinales. La última reglamentación dió más claridad en este sentido dando a entender que el cultivo personal y solidario no serán penados siempre que sean para uso medicinal. Sin embargo, para que esto se cumpla, el Ministerio de Salud de la Nación debe poner en marcha el Registro del Programa de Cannabis (ReProCann) que reglamenta el Art. 8 de la ley 27.350 y su decreto reglamentario 883/2020.
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