Through the issuance of Ministerial Agreement No. 003, issued on January 10, 2025 and published in the Official Gazette No. 762 on March 14, 2025, the Ministry of Agriculture and Livestock issued the new Regulation on the Production and Primary Processing of Non-Psychoactive Cannabis and Industrial Hemp (hereinafter “Regulations”). Certain relevant aspects to consider are described below:
1. What regulations does this Regulation contain?
It contains in a precise and detailed manner the regulations for the activities of import, planting, propagation, cultivation, harvesting, post-harvest, storage, transportation, primary processing, research, marketing and export of Non-Psychoactive Cannabis and Industrial Hemp in Ecuador. These activities have to be exclusively for commercial and scientific purposes such as agro-industrial products; and, consequently, they must clearly and precisely establish a differentiation between Psychoactive Cannabis and Non-Psychoactive Cannabis.
2. Classification of the Cannabis plant:
For the purposes of the Regulation, the Cannabis plant is classified into: Plants of Non-Psychoactive Genetics and Plants of Psychoactive Genetics. Those plants that contain a percentage equal to or greater than 1% of THC of their dry weight are considered Plants of Psychoactive Genetics, and the regulations of the Regulation do not apply to them.
3. Who is authorized to carry out the activities described in the Regulations?
Natural or legal persons, national or foreign, cooperatives, associations or communes, universities legally constituted and/or domiciled in the Republic of Ecuador, are authorized to carry out activities of import, planting, propagation, cultivation, harvesting, post-harvest, storage, transport, primary processing, research, marketing and export of Non-Psychoactive Cannabis and Industrial Hemp in Ecuador, duly constituted and/or domiciled in the Republic of Ecuador. registered in the National Registry of Bachelor’s Degrees and Authorized by the National Agrarian Authority (Ministry of Agriculture and Livestock) through the respective license.
4. License Types:
a) Licence 1: Licence for the import and marketing of plant material for the propagation of Non-Psychoactive Cannabis or Industrial Hemp.
b) Licence 2: Licence for the planting and production of plant material for the propagation of Non-Psychoactive Cannabis or Industrial Hemp.
c) License 3; License for the cultivation of Non-Psychoactive Cannabis.
d) License 4: License for the cultivation of Industrial Hemp.
e) License 5: License for the processing of Non-Psychoactive Cannabis and production of Non-Psychoactive Cannabis derivatives, or post-harvest service.
f) License 6: License for plant breeding and/or genebanks and research.
g) Licence 7: Licence for the acquisition of derivatives and/or biomass or flower of Non-Psychoactive Cannabis, or biomass of Industrial Hemp for commercialisation.
5. Validity of Licenses: The licenses described above will be valid for up to ten (10) years.
6. Renewal of Licenses: Licensees must request the renewal of their licenses, ninety (90) days prior to the expiration date of the same.
7. Modification of licenses: Any modification must be notified to the Authority within thirty (30) days after its modification.
8. Which is the Authority in charge of carrying out the respective control?
The National Agrarian Authority in charge of regulating and controlling the activities of import, planting, propagation, cultivation, harvesting, post-harvest, storage, transport, primary processing, research, marketing and export of Non-Psychoactive Cannabis and Industrial Hemp in Ecuador is the Ministry of Agriculture and Livestock.
We will be happy to give you more information about it. For more information contact us at the following emails:
Andrés Becdach Fierro: abecdach@bustamantefabara.com Luis Rivadeneira Pinargote: Lrivadeneira@bustamantefabara.com Tomás Bonilla Sevilla: tbonilla@bustamantefabara.com