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Security & Strategic Review - December 2021

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PANAMA: Medicinal cannabis legalised

On 13 October Panama’s President Laurentino Cortizo sanctioned a law approved at the end of August by the 71-member unicameral legislature, regulating the use of medicinal cannabis. Panama has thus become the first country in Central America to take the step, following in the footsteps of at least seven other countries in Latin America (Argentina, Chile, Colombia, Mexico, Paraguay, Peru, and Uruguay).

The initiative, which had been in congress for the past five years, was approved by 44 of the 71 votes with none against. It was championed by president of the national assembly Crispiano Adames and legislator Marcos Castillero (both of the ruling centre-left Partido Revolucionario Democrático (PRD) as a way of providing relief to individuals who suffer from a number of medical conditions, including epilepsy, multiple sclerosis, nausea caused by chemotherapy, and chronic pain.

The new law prohibits commercial use of homegrown cannabis and requires officials to import cannabis in pill or liquid drop form. It also stipulates that the health ministry (Minsa) will be responsible for distributing the medication to licensed pharmacies, which will have to apply for a permit and pass a site inspection in order to receive their licenses. Only pharmaceutical companies or those specialising in therapeutic services will be allowed to buy and sell cannabis. It also calls for the establishment of a technical council on cannabis and authorises Minsa to create a national programme for the study and medicinal use of cannabis and its derivatives, to promote research and educational initiatives with regard to the proper use of the drug.

The bill was borne out of increasing demand for access to medicinal cannabis across the country amid reports of its benefits for a growing number of conditions. Marie Millard, executive director of the NGO Luces Panamá, which supports people with epilepsy, said that the passing of the bill would improve the quality of life of patients, in particular those currently taking medication which does not work for them. She believes it will also help children with refractory epilepsy and their carers. Many legislators were swayed by the initiative’s motto, “for a day without pain”.

Controversy

Amid the discussions regarding the new legislative bill in Panama, the national authority for transparency and access to information (Antai), a government office, announced in August that it had launched an investigation into a possible conflict of interest with regard to the sector. This followed reports that Canna Med Panama SA, a firm which began operations in 2019 (incorporated in 2020) with the intent of becoming a vertically integrated medical cannabis company headquartered in Panama, had sponsored a June trip to the US by Minsa’s director of pharmacology and drugs, Elvia Lau, and four other health ministry officials.

Costa Rica to follow suit?

On 19 October Costa Rica’s 57-member unicameral legislature approved the legalisation of cannabis for medicinal purposes and the production of hemp in a first debate. However, it awaits a second debate and on 22 October was sent by a group of ten national legislators to the constitutional chamber (SC) of the supreme court for legal review.

Meanwhile the health ministry and President Carlos Alvarado have expressed concerns about the initiative, which is promoted by independent legislator Zoila Rosa Volio, an agronomist.

The centre-left Partido Acción Ciudadana (PAC) government has said it supports hemp production, but has expressed reservations with cannabis; Health Minister Daniel Salas has acknowledged there is “a growing body” of research that proves the benefits of medicinal cannabis. However, he was also cited by the local press as saying that its production can only occur “when the country has all the conditions to guarantee that there will be no vulnerability in security,” in reference to recreational use.

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