Spanish Ministry of Health confirms that medical cannabis will be legalized “soon”

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The Spanish Ministry of Health, newly led by Mónica García, is close to approving comprehensive regulations for the medical use of cannabis, according to Spanish media ElPlural. This initiative, which is part of the broader framework of the program of the Sumar party from which the minister comes, aims to consider cannabis as a medicine whose use is based on scientific evidence.

The proposed regulation, currently in draft form by the National Agency for Medicines and Health Products (AEMPS), is expected to be approved in the coming months, which will allow Spain to align with the majority of European country that has already legalized medical cannabis.

Before finalizing the ministerial decree, the ministry plans to meet with stakeholders, in particular the Medical Cannabis Observatory (OECM), in order to gather their views and reactions.

Delays in its implementation

The journey towards the regulation of medical cannabis in Spain has been marked by numerous delays. The subcommittee which met in June 2022 mandated AEMPS to produce a report within six months. However, former Health Minister José Miñones apologized for the delay, citing “overzealousness.” The subsequent submission of the report to the new minister, Mónica García, in December, however, shows that efforts continue to ensure the availability of cannabis-based treatments.

Once the political decision is made, Spain will then encounter the same obstacles as other countries. On the one hand, the approval of medical cannabis regulations could catalyze significant changes. The pharmaceutical industry is expecting a boom, with local and international companies exploring opportunities to develop and produce cannabis-derived medicines.

However, for the cannabis market itself, the road ahead appears complex. While demand for medical cannabis products is expected to increase, strict regulation, particularly in terms of medical prescribing and monitoring, could initially limit accessibility. This will pose a challenge for producers and distributors, who will have to align with likely stringent regulatory requirements and will only be able to supply a small number of patients to begin with.

Spain's current approach to regulating medical cannabis is in its infancy compared to other countries. Countries like Uruguay, Israel and the Netherlands have legalized medical cannabis a long time ago, while Canada and some American states have already started regulating recreational use.

The diversity of regulations in Europe, from Germany's approval of cannabis-based medicines to Portugal's authorization of prescription cannabis extracts, highlights the potential for complexity in the legislative framework surrounding medical cannabis.

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