Recreational use: with loophole, Brazilians import marijuana – 7/1/2023 – Health

While the STF (Federal Supreme Court) does not decide on the decriminalization of drug possession for personal use, a parallel market of “legalized marijuana” for recreational use has developed in the country.

The practice takes place through a loophole in the Anvisa (National Health Surveillance Agency) rule, which has allowed the importation of marijuana flowers for medicinal purposes.

With the aim of testing the process of importing and carrying a medical prescription for medicinal use, the report by Sheet obtained authorization from Anvisa to import the flower, in addition to CBD oil (cannabidiol), a substance found in the herb and which has been used therapeutically.

The report purchased and received 20 grams of industrialized marijuana flowers. Experts point out that it has a high CBD content, but a low amount of THC, the herb’s active ingredient that gives the “high” sought after by recreational users.

The whole process, from consultation, Anvisa authorization, purchase, arrival of the product in Brazil, release from the agency and delivery to the indicated residence, lasted less than 30 days.

This importation is legal, as long as it has a medicinal purpose – which is the case of the acquisition made by the reporter, for the treatment of anxiety.

There are reports recognized by Anvisa itself, however, that recreational users have obtained the product by simulating a medical need.

Agency data show that the market for medicinal cannabis-based products has taken a leap since 2015, when the import regulation process began. In 2022, 80,258 authorizations were granted for the importation of products with the substance, double that of 2021 (40,165) and almost 100 times that of 2015 (850 authorizations).

Daniel Meirelles, one of the directors of Anvisa, said that the gap occurs because the norm, RDC 660, talks about permission to import industrialized products based on cannabis without specifying which they would be.

Meirelles claims that the regulatory agency is already aware of what is happening, so much so that it is working to prevent flowers from being imported for recreational purposes. One of the evaluated proposals is the change of regulations.

“Could there be a stricter ban on in natura marijuana flower? It could be. Could it be a ban on industrialized in natura flower? This is what we are evaluating because there are regulatory and legal aspects involved, especially the public civil action that condemned us , which says that we cannot differentiate between cannabis-based products,” he said.

This issue has already entered the sights of the Federal Police, which has been working together with Anvisa to try to identify people and companies that take advantage of the gap for recreational use. In the view of authorities, if identified, the person may respond for international drug trafficking.

The STF has been debating the decriminalization of drug use for personal consumption in Brazil for eight years. During this period, countries such as Uruguay and Canada made the cannabis market for non-medical use legal and regulated.

Bruna Rocha, lawyer and CEO of BRCann (Brazilian Association of Cannabinoid Industries), says that there are abuses in the market, especially in the context of importation because of this loophole. The association has even started a discussion on the subject, considering that the deviation from purpose hinders even the serious discussion that exists in the market.

“It’s quite impressive the dimension that this has taken, several ‘players’ have found this path from 660 [norma] the possibility of a recreational, adult market with a certain amount of legality. So, when we bring this discussion to the industry, to the medical front, for medicinal use, BRCann is against it [à flor e ao uso recreativo]”, he stated.

Patricia Montagner, neurosurgeon and co-founder of the WeCann Academy —an international community of physicians and a training center in endocannabinoid medicine—, says that medicinal cannabis flower is understood to be a laboratory-tested product and guided by a medical professional. During combustion, it restricts many toxic by-products and can have varying levels of THC.

The illegally marketed flower, on the other hand, has high concentrations of THC, which is what people seek for psychic alterations, in addition to not being laboratory tested. During combustion, it also releases toxic and potentially carcinogenic by-products.

“Smoked cannabis is bad for the respiratory tract, not being understood as having medicinal use. Smoking is definitely not a medicinal route, much less the smoking of a content that we are not aware of and is not monitored by a medical professional” , he said.

The doctor said she understands medical cannabis as a therapeutic tool within medical treatment. For her, the biggest barrier currently is making people understand what medicinal use is and what recreational use is.

“Medicinal we understand as being orally and it is completely different from the inhaled route. Our priority must always be cannabis for medical use, to improve the patient’s life. Only then should we open the discussion on how to carry out a process recreational,” he said.

“Doing the two together and mixing the subjects is very sensitive, delicate and does not protect the priority of the patient, who usually has a serious health problem.”

A Sheet researched and contacted some companies in the sector.

In a conversation via WhatsApp with a representative of Medical Hemp Brasil, Jefferson Faria, he said, without knowing that he was talking to a journalist, that it was “easy” to talk to the doctor that the purpose of the importation was to make recreational use, for relaxation. Even because, according to him, many people would unconsciously medicate themselves with cannabis thinking that they are only using it recreationally.

When asked if the report should tell the doctor that marijuana would be used for recreational purposes, he replied that yes and that the doctor was “adept” and would understand the patient’s need.

When giving the psychiatrist’s contact details, he continued: “I’ve already talked to him, he already knows everything he told me, okay? But you go to him and tell him too, he’s a doctor, he can’t hide anything. He’s very tolerant, he’s part of the gang, you know?”

Medical Hemp Brasil represents several brands and presents itself as a company of specialists in cannabis reception, which guides treatments with medical cannabis, indication and relationship with doctors, in addition to validating prescriptions with Anvisa.

In later contact, when Jefferson was informed that he was speaking with a journalist in the process of investigating a report, he stated that when he said that the doctor “was adept” and “understands exactly his need”, he was referring to the medical prescription and the need for the doctor to assess the need to use the flower in natura for medicinal treatment.

He also said that he never used the word “recreational” in the conversation and that he has the custom of talking to patients “in the same language” in which he was approached, in the sense that the person feels comfortable and welcomed.

“I conclude by emphasizing that [meu trabalho] is serious, reputable and with the continuous intention of improving the quality of life of people who seek treatment to cure their pain and pathologies or simply to reduce physical or social harm.”

Medical Hemp Brasil did not make amends for the position of its representative and stated that the company does not agree with the sale of cannabis-based products with appeal to recreational use, or with any illegality.

The company even said that a month ago it filed a complaint of unethical conduct at Anvisa and the Civil Police of São Paulo about apparently illegal practices that are taking place in the market.

“We have been in the market since 2018, and we understand the importance of regulating the subject and we are absolutely committed to the medical use of cannabis. In addition to being an entrepreneur in this new field of activity, our CEO has been a chronic pain patient since 2017, and a former patient oncology, and is aware of the importance of access to products based on medicinal cannabis to its patients”, he said.

On the Universo da Ganja Legal website, you can purchase courses for shopping without lawyers, with medical and legal support. In the advertising video, Matheus Raze identifies himself as a legal pothead.

“Smoking marijuana legally in Brazil seems like a joke, right? Until a while ago, I thought it wouldn’t be possible, but times have changed. Nowadays, it’s totally possible for you to drop that moldy press that is bad for your health and have access to marijuana legalized, of great quality, resinous and fragrant”, says a part of the video.

A Sheet, the Ganja Legal team also said that it does not promote the recreational use of cannabis. “We fight for the right to health, for the right to live without pain, for the right to seek an alternative treatment that has proven effective for many who do not find relief in conventional medicine.”