Morocco Advances Bill to Legalize Cannabis for Medical and Industrial Use

The import and export of seeds and plants, the realization and operation of nurseries, the cultivation and processing of cannabis, the export of cannabis and its derivatives, the import of cannabis-based products, its marketing and its derivatives as well as transport are subject to authorization, for a maximum period of 10 years, renewable.

To apply for an authorization for the cultivation of cannabis, only authorized are adult citizens whose plots to be exploited are located within the regulatory perimeter and having joined a cooperative created for this purpose (law 112-12). Also authorized are the owners of the plot subject to the application, holding a document issued by the local administrative authorities attesting to the exploitation of said plot. The authorized farmer undertakes to use only plants certified by the Agency, to deliver to the cooperative to which he belongs, the entire production, to respect the specifications of good production practices set by the Agency.

Regarding the commitments of the authorized agricultural cooperative, it must conclude with one or more authorized processors and/or export companies, a sales contract for the harvests delivered to it by the member farmers, deliver the entire harvests to the processors in the presence of the authorities concerned (operation sanctioned by a report). With regard to the authorized processing company, it must be of Moroccan private law, have the technical, human and financial references related to the activity, undertake to sign purchase contracts with a set of authorized producer cooperatives, have the necessary authorizations to carry out its activities (pharmaceutical for example), undertake to respect the specifications of good production practices set by the Agency.

As for the marketing, import or export company for industrial products, it must be of Moroccan private law, have the technical, human and financial references related to the activity, have the necessary authorizations to carry out its activities, undertake to respect the specifications set by the Agency.

Furthermore, the maximum THC content beyond which the cannabis varieties grown are exclusively intended for the medical sector is set by regulation (this content is currently 0.2% in Europe). The same applies to the maximum THC content of finished products (excluding medical) which is also set by regulation (this content varies from 0 to 2% in Europe currently).

Regarding the marketing, import and export of medical and non-medical pharmaceutical products, it falls under the Medicinal and Pharmaceutical Code (law 17-04) and the Dahir of 1922. This is also the case for the marketing, import and export of other products, which are subject to the authorization of the future Agency created by the draft law. Once created, it will have to execute the State’s strategy in terms of cultivation, production, processing and marketing of cannabis for medical, cosmetic and industrial uses. Finally, sanctions are provided for in the event of non-compliance with these provisions by the various operators.