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20                                                          AWEMainta                                      Diasabra, 15 Februari 2020





                                                                                                                      Letter to the Editor


                                                                                                LEGALIZATION




                                                                                                   OF CANNABIS



                                                                                            AND CANNABIS



                                                                                                                      DERIVED




                                                                                                    PRODUCTS IN



                                                                                                            ARUBA: AN



                                                                                                                        UPDATE






                                                                                                             Richie Kock advocaten/

                                                                                                                  attorneys AUA y SXM









                              THE  Aruba  government  has  taken  a  first                    Supplements, if not considered  medicine,
                              step toward the legalization of Cannabis and                    may be sold over the counter without a pre-

                              Cannabis derived products in  Aruba by le-                      scription.In  the  meantime, the  resolution

                              galizing Cannabidiol (CBD) containing a                         which labels mentioned CBD products as a
                              maximum of 0.2% THC, i.e. the psychoactive                      supplement has been retracted.

                              substance in Cannabis that causes the ‘high’                    The above is in line with a report dated July
                              effect.                                                         3rd,  2019 from  the  Ministry  of  Health  and
                                                                                              approved by the Council of Ministers (Start-


                              In December of 2019, a ministerial regula-                      nota Medicinale Cannabis), which acknowl-
                              tion was issued which excludes CBD prod-                        edges the therapeutic benefits of Medicinal

                              ucts with no more than 0.2% THC from the                        Cannabis  and  aims  to  provide patients  in
                              legal definition of an illegal substance as de-                 Aruba with the option to choose for alterna-

                              fined by the Aruba drugs Ordinance (Lands-                      tive medicine, including Medicinal Cannabis.

                              verordening verdovende middelen), effective-
                              ly making said products legal.                                  Notwithstanding the above, the country’s

                              Concurrently, two other ministerial regula-                     financial  deficit  and  the  pressure  exercised

                              tions were issued which label CBD products                      by the Dutch government on the Aruba gov-
                              with a maximum of 0.2% THC as a medi-                           ernment  to  cancel  said  deficit  plays  a  cru-

                              cine or as a supplement, respectively.                          cial role in the legalization process. Case in
                                                                                              point: the expected revenues from the issu-

                              Aforementioned distinction is relevant, be-                     ance of licenses for the cultivation of Canna-

                              cause a medical prescription is only required                   bis in Aruba were included in the budget for
                              for medicine as defined in the Ordinance on                     the year 2020.

                              the provision of medicine (Landsverordening                     The recreational use of Cannabis is still il-

                              geneesmiddelenvoorziening).                                     legal in Aruba.
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