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    Se publicó en el Boletín Oficial la reglamentación de la Ley de cannabis medicinal y cañamo industrial

    Updated:2.309 comentariosLectura de 6 min

    Luego de más de 1 año de su aprobación y posterior promulgación por parte del presidente de la Nación, Alberto Fernández, la ley fue reglamentada.

    Tras más de 1 año de su aprobación el pasado 5 de mayo de 2022 y posterior promulgación por parte del presidente de la Nación, Alberto Fernández, la Ley 27669 que establece la regulación del cannabis medicinal y el cáñamo industrial fue reglamentada.

    El documento fue publicado este lunes 7 de agosto en el Boletín Oficial. La reglamentación de la ley se logró luego de varios idas y vueltas sobre distintos puntos en lo que no se ponían de acuerdo con ANMAT.

    Entre los principales puntos a destacar está la diferenciación entre el cannabis psicoactivo que quedó fijado en todo lo que supere el 1% de THC y cáñamo, cáñamo industrial y/u hortícola como planta de cannabis, sus partes, sus semillas y sus derivados, que contengan hasta el límite máximo de 1% de THC.

    Rol de la ARICCAME

    La Agencia de Cannabis regulará y controlará el almacenamiento, fraccionamiento, transporte, distribución, trazabilidad y el uso de las semillas de la planta de cannabis, del cannabis y de sus productos derivados con fines medicinales nutricionales y/o de cosmética humana o industriales, de manera coordinada con la ANMAT, SENASA, INASE, INTA, INTI, AFIP, ANLAP y los restantes organismos públicos dedicados a la materia.

    A su vez, dentro de la agencia funcionará el Consejo Consultivo Honorario que se conformará por un representante por parte del Directorio de la ARICCAME, de ANMAT,  SENASA, INASE, INTA, INTI, INAES, SEDRONAR, y CONICET.

    También 3 representantes de las Cámaras Empresarias vinculadas al cannabis medicinal y/o al cáñamo industrial; 2 en representación de las Universidades y otras 6 personas en representación de asociaciones civiles con personería jurídica que tuvieran dentro de sus fines la investigación, uso del Cáñamo y/o del Cannabis Medicinal, en relación de 1 por las regiones: Norte Grande Argentino, Nuevo Cuyo, Región Centro, Patagonia, Provincia de Buenos Aires y Ciudad Autónoma de Buenos Aires. 

    La función será la de proponer y elaborar acciones para implementar políticas públicas en materia de Cáñamo y Cannabis Medicinal así como la de mejorar el propósito de la ARICCAME.

    La Agencia será la encargada de fijar en la normativa correspondiente las condiciones generales para la evaluación de las solicitudes de autorizaciones y de licencias que se presenten.

    Tipos de autorizaciones

    La reglamentación de la ley 27669 establece la creación de la Ventanilla Única para la Industria del Cáñamo y el Cannabis Medicinal que tendrá como objetivo principal facilitar las gestiones y trámites que se realizan ante la Administración Pública Nacional con respecto a la materia. 

    Además, se encargará de colaborar en el diseño de los criterios técnicos, metodologías, “guías, instructivos, manuales, estándares, principios de homologación y demás instrumentos que defina la ARICCAME”.

    Las autorizaciones que expedirá la ARICCAME son:  

    • Para el cultivo y la comercialización de semillas de Cáñamo o de Plantas de Cáñamo, en su totalidad o en alguna de sus partes, para uso industrial y/u hortícola.
    • Para el procesamiento de Cáñamo Industrial y/u hortícola y para la producción de sus derivados.
    • De servicios logísticos, transporte, distribución, almacenamiento, preservación, envasado, disposición final y demás servicios logísticos que integran la cadena productiva del Cáñamo Industrial y/u hortícola. 
    • Para comercio exterior de semillas y plantas de Cáñamo Industrial y/u hortícolas, en su totalidad o en alguna de sus partes, de sus derivados y/o biomasa. 

    Tipos de licencias

    En todos los casos las licencias y/o autorizaciones tendrán un plazo mínimo de 5 años. En el caso de las licencias son el acto administrativo emitido por la Agencia de Cannabis para la realización de las actividades relacionadas con las operaciones que integran la cadena productiva de “las semillas, Plantas de Cannabis, Cannabis y de sus productos derivados que no integren la definición de Cáñamo del artículo 2° de la citada ley y de esta Reglamentación”.

    Las licencias que expedirá la ARICCAME son: 

    • Criadero, multiplicación y cultivo. Comprende la adquisición por cualquier título, el manejo, la posesión, la siembra, el cultivo, el desarrollo, la propagación, la creación fitogenética, el secado, el envasado y la disposición final de semillas, esquejes y Plantas de Cannabis y de Cannabis.
    • Servicios logísticos. Comprende la prestación de los servicios de transporte, distribución, almacenamiento, preservación, envasado, disposición final y demás servicios logísticos que integran la cadena productiva, en las condiciones y alcances que la licencia disponga. 
    • Producción de derivados. Comprende las actividades de obtención y elaboración de productos derivados de Cannabis y de Plantas de Cannabis, en las condiciones y alcances que la licencia disponga. 
    • Comercialización de semillas, plantines y esquejes. Comprende la posesión y guarda con fines comerciales, así como la compraventa de semillas, plantines y esquejes de variedades genéticas registradas a los sujetos alcanzados por la Ley N° 27.350, sus decretos reglamentarios y normativa complementaria. 
    • Comercialización de Cannabis y sus derivados. Comprende la posesión y guarda con fines comerciales, así como la compraventa de Cannabis y sus productos derivados a los sujetos alcanzados por la mencionada Ley N° 27.350, sus decretos reglamentarios y normativa complementaria. 
    • Estudios y pruebas analíticas. Comprende la realización de análisis y pruebas analíticas en establecimientos habilitados y las actividades complementarias de recepción, posesión y traslado de muestras de Cannabis para llevar a cabo pruebas analíticas, de importación de material para analítica y de disposición final de semillas, de Plantas de Cannabis, de Cannabis y de productos derivados. 
    • Comercio Exterior. Comprende las acciones necesarias para la importación con fines comerciales y/o exportación.

    Aún falta establecer cómo será el régimen simplificado para los proyectos aprobados en la 27350 y resta establecer los aranceles que se cobrarán. 

    Cómo solicitar licencias y autorizaciones

    Para solicitar las licencias y/o autorizaciones deberá acreditarse ante la ARICCAME  el cumplimiento de los requisitos establecidos en la Ley 27669. 

    Tipos de solicitudes sobre de licencias y/o autorizaciones presentadas ante la ARICCAME

    Los tipos de solicitudes podrán ser: 

    • Solicitudes por primera vez: en forma previa al inicio de actividades objeto de solicitud. También se clasifica en este trámite la solicitud presentada una vez vencida la vigencia de la licencia inicial. 
    • Solicitudes de renovación: cuando se requiera continuar con las mismas actividades y bajo las mismas condiciones contenidas en la licencia vigente, que está próxima a vencerse. La renovación de las licencias se deberá solicitar entre 12 y 6 meses previos a su vencimiento y con el cumplimiento de los requisitos generales y específicos dispuestos para cada tipo de licencia. 
    • Solicitudes de modificación: cuando se prevea realizar modificaciones en las actividades que fueran objeto de la solicitud de autorización y/o licencia, o cualquier otro cambio en los datos provistos al momento de la solicitud que difiera de las condiciones bajo las cuales se procedió a la adjudicación de la licencia y/o autorización vigente. 

    La ARICCAME establecerá regímenes específicos de tramitación en cada uno de los 3 tipos de solicitudes, para  diferenciar los procedimientos de adjudicación de licencias y/o autorizaciones en virtud de la escala del proyecto productivo.

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