Argentina Legalizes Cannabis Seed Sales Under New Regulatory Framework

As of Tuesday, June 9th, the purchase of cannabis seeds is legal in Argentina. This was established by the National Seed Institute (INASE) through Resolution 260/2022, published this morning in the Official Gazette.

This allows anyone to legally acquire seeds without meeting any prior requirements or presenting any documentation. However, it is important to clarify that the possession and cultivation of cannabis seeds will remain a crime under the Drug Law (23.737), unless the person has registered with the National Registry of Cannabis Producers (Reprocann).

Argentina has just legalized cannabis seeds sales

The regulation stipulates that “plant propagation materials of the identified variety of Cannabis sativa L. must bear the cultivar name on the label as a mandatory requirement from the date this resolution enters into force.” This means that the regulation is not limited to the sale of seeds, but also includes rooted cuttings and seedlings, as well as other forms of propagation.

Similarly, the only cannabis seeds and seedlings that can be legally sold in Argentina are those registered with INASE, and according to the cannabis magazine THC, there are four approved and registered varieties in Argentina. INASE reports that they are currently processing 77 other registration applications for different cannabis varieties, and that over 80% of these are domestically developed.

Furthermore, grow shops in Argentina will be legally positioned to play a key role in the cannabis seed industry and its commercialization. To sell seeds, they will need to register with the National Seed Trade and Inspection Registry. This is a fee-based process that is completed online through the INASE website and takes approximately seven days.

The measure regulating the purchase and sale of cannabis seeds was formalized two months after the Argentine Chamber of Deputies passed a new regulatory framework in May of this year for public and private investment in the production and marketing chain of medicinal cannabis, industrial hemp, and their derivatives. This legislation complements Law 27,350 (and its implementing Decree No. 883/2020), which established the regulatory framework for medical and scientific research into the medicinal, therapeutic, and/or palliative use of the cannabis plant.

The aforementioned law creates the Regulatory Agency for the Hemp and Medicinal Cannabis Industry (Ariccame) which, within the Ministry of Productive Development, will be “the competent body to regulate, control and issue administrative authorizations regarding the use of cannabis plant seeds, cannabis and its derivative products.”

The regulatory framework covers “the national or export production and marketing chain of the cannabis plant, its seeds and its derivative products affected by medicinal use, including scientific research, and industrial use; thus promoting the national development of the sectoral production chain,” the law states in its first article.

Aricamme will have the function of regulating “the import, export, cultivation, industrial production, manufacture, marketing and acquisition, by any title, of seeds of the cannabis plant, cannabis and its derivative products for medicinal or industrial purposes.”

How to know if the cannabis seeds are legal

Individuals or organizations in Argentina wishing to legally buy and sell cannabis seeds in Argentina must register the genetics with INASE. Then, in order for their seeds or seedlings to be marketed, they must comply with a series of requirements. The seeds or seedlings must have safety labels with the following mandatory specifications:

a) Name and Address of the Identifier and Registration Number in the National Register of Trade and Inspection of Seeds.

b) Common and botanical name of the species.

c) Name of the CULTIVAR.

d) Class “IDENTIFIED NOMINATED”.

e) Net content.

f) Country of Origin, in the case of imported materials.

g) Harvest year.

h) Minimum germination percentage, in the case of botanical seed.

i) Percentage of physical and botanical PURITY.

j) “SEED TREATMENT – POISON”: with red letters if the seed or organ has been treated with a seed cure.

k) Legend: “The identifier is responsible for the specifications contained in the label. Regarding germination, the supplier is responsible to the purchaser within a period of FORTY-FIVE (45) days from the date of delivery of the merchandise or within the period set by agreement between the parties (Art. 14 Law 20.247).”

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(Featured image by Benjamin R via Unsplash)

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First published in eldiariodetandil. A third-party contributor translated and adapted the article from the original. In case of discrepancy, the original will prevail.

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