{"id":33217,"date":"2019-02-27T10:14:27","date_gmt":"2019-02-27T18:14:27","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2019\/02\/27\/struggle-for-home-grow-continues-in-peru-after-approval-of-new-mmj-regulations\/"},"modified":"2019-02-27T12:38:52","modified_gmt":"2019-02-27T20:38:52","slug":"struggle-for-home-grow-continues-in-peru-after-approval-of-new-mmj-regulations","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2019\/02\/27\/struggle-for-home-grow-continues-in-peru-after-approval-of-new-mmj-regulations\/","title":{"rendered":"Struggle for Home Grow Continues in Peru After Approval of New MMJ Regulations"},"content":{"rendered":"<\/p>\n<p>Last weekend, the Peruvian government released the rules for its newly legal medical cannabis program.<\/p>\n<p>The government was more than a year late; in October 2017,\u00a0the legislature <a href=\"https:\/\/perureports.com\/medical-marijuana-passes-peru\/5852\/\" target=\"_blank\" rel=\"noopener\">passed a law<\/a> \u2014\u00a0<a href=\"https:\/\/www.newsweek.com\/medical-marijuana-recreational-legalization-peru-716156\" target=\"_blank\" rel=\"noopener\">signed by the president in November 2017<\/a>\u00a0\u2014 that required medical marijuana regulations to be handed down in the next 60 days.<\/p>\n<p>Officially, the clock stopped ticking in January 2018 for Peru\u2019s government to approve a regulatory regime for medical marijuana, following a hard-fought campaign by medicinal cultivators and their activist allies. But\u00a0<a href=\"\/medical-marijuana-regs-delayed-peru\/\">the process went into extra innings<\/a>\u00a0as lawmakers and bureaucrats hashed out the details.<\/p>\n<p>The fruits of this lengthy process are now finally official, as the regulations were approved by the executive branch on Feb. 23. Unfortunately, the rules are lacking a key element: the rights of patients to grow their own cannabis.<\/p>\n<h4>An \u2018Important Advance\u2019 \u2014 But the \u2018Struggle Continues<\/h4>\n<p>The regulations took effect as they were\u00a0<a href=\"https:\/\/cdn.www.gob.pe\/uploads\/document\/file\/293983\/DS_005-2019-SA.pdf\" target=\"_blank\" rel=\"noopener\">published in El Peruano<\/a>, the government\u2019s official register. The preamble to the eight pages of dense bureaucratic prose states that the aim of the regulations is to \u201cguarantee the fundamental right to health and permit access, exclusively for medicinal and therapeutic use, to cannabis and its derivatives.\u201d<\/p>\n<p>Congress member Alberto de Belaunde, who drafted the medical marijuana law in 2017,\u00a0<a href=\"https:\/\/larepublica.pe\/politica\/1418645-cannabis-medicinal-alberto-belaunde-saluda-oficializacion-reglamento-ley\" target=\"_blank\" rel=\"noopener\">said in a statement<\/a>: \u201cWe begin this day with good news: After a long wait, today\u00a0the regulations for the medicinal cannabis law are finally published. They must be studied to assure that the best regulation has been adopted, but it is clearly a very important advance in this struggle.\u201d He offered an \u201c<a href=\"\/mothers-lead-international-fight-for-medical-marijuana\/\">homage to the mothers<\/a>\u00a0and all the activists who made this possible.\u201d<\/p>\n<p>But he added: \u201cThe struggle continues, as we need to win permission for associated cultivation. We will soon present a new initiative in Congress to continue advancing.\u201d<\/p>\n<p>\u201cAssociated cultivation\u201d (<i>cultivo asociativo<\/i>) refers to the right of patients and care providers to join in associations to collectively\u00a0<a href=\"\/tag\/home-cultivation\/\">grow their own medicine<\/a>. The law passed in 2017 was ambiguous on this point, allowing cultivation by \u201cpublic entities\u201d such as universities or \u201claboratories,\u201d with the latter undefined. It was hoped that this latter category, once defined in the regulations, could include such patient associations. But there is no such provision in the newly published regulations.<\/p>\n<h4>Bureaucratic Control &amp; Big Businesses<\/h4>\n<p>Instead, the regulations effectively hand control of every step in the process to big business and bureaucrats. Production, importation and commercialization of the plant is to be overseen by the Health Ministry\u2019s General Directorate for Medication and Drug Supply (<a href=\"http:\/\/www.digemid.minsa.gob.pe\/\" target=\"_blank\" rel=\"noopener\">DIGEMID<\/a>). Research and product development are to be licensed by the\u00a0<a href=\"https:\/\/web.ins.gob.pe\/\" target=\"_blank\" rel=\"noopener\">National Health Institute<\/a>, with only universities, registered pharmaceutical companies and \u201cpublic entities\u201d considered for application.<\/p>\n<p>Cultivation within Peru is to proceed cautiously, initially with test plots closely managed by the Agriculture Ministry\u2019s National Institute of Agrarian Research (<a href=\"http:\/\/www.inia.gob.pe\/\" target=\"_blank\" rel=\"noopener\">INIA<\/a>). Most ominously, each of these activities must be closely coordinated with\u00a0<a href=\"https:\/\/dirandro.policia.gob.pe\/\" target=\"_blank\" rel=\"noopener\">DIRANDRO<\/a>, the feared Anti-Drug Directorate of the militarized National Police force.<\/p>\n<p>Hearteningly, the regulations do allow for herbaceous cannabis in addition to extracts, tinctures and other such preparations. But it is only to be available through pharmacies, and only to registered users.<\/p>\n<p>In October, de Belaunde\u00a0<a href=\"https:\/\/larepublica.pe\/sociedad\/1332394-proponen-ley-permita-autocultivo-cannabis\" target=\"_blank\" rel=\"noopener\">announced<\/a>\u00a0that he was preparing a law to explicitly allow cannabis collectives<i>.<\/i>\u00a0With the failure of the new regulations to provide any recognition of such status, there is greater pressure for this legislation.<\/p>\n<h4>Mother Courage Betrayed<\/h4>\n<p>Ironically, the model for\u00a0<i>cultivo asociativo<\/i>\u00a0was the collective Buscando Esperanza (Seeking Hope), principally made up of mothers who were producing cannabis oil for their offspring suffering from\u00a0<a href=\"\/tag\/epilepsy\/\">epilepsy<\/a>\u00a0and other such ailments. When their operation in a Lima apartment was raided by the police in February 2017 and three members of the collective slapped with criminal charges, it sparked the public campaign for a medical marijuana law in Peru.<\/p>\n<p>Buscando Esperanza co-founder Ana \u00c1lvarez, the mother of an epilepsy sufferer, especially became the public face of the campaign. She was personally on hand as an honored guest for the signing ceremony at the presidential palace when the law was passed. In April 2018, five months after the law\u2019s passage,\u00a0<a href=\"https:\/\/larepublica.pe\/sociedad\/1220932-jueza-archiva-denuncia-contra-impulsores-del-uso-legal-de-marihuana\" target=\"_blank\" rel=\"noopener\">charges were formally dropped<\/a>\u00a0against \u00c1lvarez and her two co-defendants, longtime Lima cannabis advocate Luis Gavancho and medical doctor Juan Lock Arrun\u00e1tegui.<\/p>\n<p>But there is no place in the regulations for efforts like Buscando Esperanza, which gave impetus to passage of a medical marijuana law in the first place.<\/p>\n<p>Gavancho, a lead figure in the group\u00a0<a href=\"https:\/\/legalizaperu.wordpress.com\/\" target=\"_blank\" rel=\"noopener\">Legaliza Per\u00fa<\/a>, spoke to Cannabis Now from Lima, following the publication of the regulations.<\/p>\n<p>\u201cThere is no difference between the flower that they now seek to regulate and the flower that continues to be an illegal drug outside of the regulations,\u201d he said. \u201cThe cannabis flower has been, is, and will continue being the medicine of the people, whether it is prohibited or not.\u201d<\/p>\n<p>Ana \u00c1lvarez expressed her determination to continue pressing for patient cultivation: \u201cThis will be a long road, but we will keep up the fight.\u201d<\/p>\n<p><b>TELL US<\/b>, do you cultivate medical marijuana for personal use?<\/p>\n<p>The post <a rel=\"nofollow\" href=\"https:\/\/cannabisnow.com\/struggle-for-home-grow-continues-in-peru-after-approval-of-new-mmj-regulations\/\">Struggle for Home Grow Continues in Peru After Approval of New MMJ Regulations<\/a> appeared first on <a rel=\"nofollow\" href=\"https:\/\/cannabisnow.com\">Cannabis Now<\/a>.<\/p>\n<p>&#013;<br \/>\n&#013;<br \/>\nRead More: <a href=\"https:\/\/cannabisnow.com\/struggle-for-home-grow-continues-in-peru-after-approval-of-new-mmj-regulations\/\" target=\"_blank\">Struggle for Home Grow Continues in Peru After Approval of New MMJ Regulations<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Last weekend, the Peruvian government released the rules for its newly legal medical cannabis program. The government was more than a year late; in October 2017,\u00a0the legislature passed a law \u2014\u00a0signed by the president in November 2017\u00a0\u2014 that required medical marijuana regulations to be handed down in the next 60<span class=\"more-link\"><a href=\"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2019\/02\/27\/struggle-for-home-grow-continues-in-peru-after-approval-of-new-mmj-regulations\/\">Continue Reading<\/a><\/span><\/p>\n","protected":false},"author":190,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[8087,50,2069,570,687,8088,53,139,3735,1682],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/33217"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/190"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=33217"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/33217\/revisions"}],"predecessor-version":[{"id":33218,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/33217\/revisions\/33218"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=33217"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=33217"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=33217"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}