Medical cannabis, Government approves areas and conditions of plots for cultivation
The government approved this Wednesday the criteria for areas and plots where medical cannabis will be cultivated.
The decision states that a covered growing environment is required, which creates favourable conditions for the growth of plants, protecting them from external atmospheric influences, such as extreme temperature changes, wind or rainfall. This environment allows the penetration of solar radiation and usually includes structures, such as greenhouses or plastic tunnels, that provide a certain degree of control over temperature, humidity and light, in accordance with the European Medicines Agency's guidelines on good agricultural and collection practices.
Land plots cannot be located within the boundaries of protected areas and areas with priority for the development of tourism, forests, pastures and meadows, military areas, etc.
DECISION
ON
APPROVAL OF STANDARDS FOR AREAS AND PARCEL OF LAND IN WHICH THE CULTIVATION OF CANNABIS PLANTS FOR MEDICAL AND INDUSTRIAL PURPOSES WILL BE ALLOWED
In support of articles 100 of the Constitution, letter "c", point 2, article 9, of law no. 61/2023, "On the control of the cultivation and processing of the cannabis plant and the production of its by-products for medical and industrial purposes", with the proposal of the Minister of Agriculture and Rural Development, the Council of Ministers
DECIDED:
1. In this decision, the following terms have the following meanings:
a) “Standards”, the set of requirements and criteria that areas and plots of land for the cultivation of cannabis for medical and industrial purposes must have;
b) “Plot of land”, a limited area of land, acquired by the act of acquisition of ownership, which will be used for the cultivation of the cannabis plant for medical or industrial purposes, in accordance with the provisions of Law No. 61/2023, “On the control of the cultivation and processing of the cannabis plant and the production of its by-products for medical and industrial purposes”;
c) “Protected environment”, a covered cultivation environment, which creates favorable conditions for the growth of plants, protecting them from external atmospheric influences, such as extreme temperature changes, wind or rainfall. This environment allows the penetration of solar radiation and usually includes structures, such as greenhouses or plastic tunnels, that provide a certain degree of control over temperature, humidity and light, in accordance with the guidelines of good agricultural and collection practices (GACP) of the European Medicines Agency;
ç) “Closed environment”, a fully cultivated environment, covered and isolated from external atmospheric influences, which provides favorable conditions for plant growth, without the penetration of natural solar radiation. This type of environment uses artificial lighting and cultivation systems for parameters, such as: light, humidity, temperature, ventilation and for the influence of other external factors, ensuring optimal conditions for cultivation, in accordance with the guidelines of good agricultural and collection practices (GACP) of the European Medicines Agency;
d) “Area”, the set of plots of land, where the cannabis plant is cultivated for medical or industrial purposes;
dh) “Growing medium or growing substrate”, a material or mixture of materials, natural or manufactured, that provides physical support and nutrient supply for plant growth, which may include natural soil, peat, perlite, vermiculite, coconut fiber or other substrates that create suitable conditions for plant growth in a growing environment, allowing for the regulation of humidity, aeration and nutrients.
2. The standards for areas and plots of land for the cultivation of the cannabis plant for medical purposes are:
a) land parcels, part of the production unit, which cannot lie within the boundaries of the zones:
i. protected areas and priority areas for tourism development, declared as such by decision of the Council of Ministers;
ii. forests, pastures and meadows;
iii. military;
iv. defined as an urban system in local territorial planning documents.
b) land plots, part of the production unit, which must be at a distance of at least 3 (three) km, as the crow flies, from bee parks, approved according to the legislation on beekeeping;
c) land plots, part of the production unit, which must be at a distance of at least 3 km, as the crow flies, from military areas and assets/properties under the administrative responsibility of the Ministry of Defense;
ç) the concentration of heavy metals in the soil or in cultivation areas (cultivation substrates), where cannabis is cultivated for medical purposes, which must not exceed the maximum values, set out in Annex 1, which is attached to this decision and is an integral part thereof;
d) land or cultivation grounds (cultivation substrates), where medical cannabis is cultivated, which must meet the standards provided for in the guidelines for good agricultural and collection practices of the European Medicines Agency and the World Health Organization, as well as in the standards provided for by the International Organization for Standardization (ISO).
3. The standards for areas and plots of land for the cultivation of the cannabis plant for industrial purposes are:
a) land parcels, part of the production unit, which cannot lie within the boundaries of the zones:
i. protected and priority areas for tourism development, declared as such by decision of the Council of Ministers;
ii. forests, pastures and meadows;
iii. military;
iv. defined as an urban system by local territorial planning documents.
b) land plots, part of the production unit, which must be at a distance of at least 3 (three) km as the crow flies from bee parks, approved according to the legislation on beekeeping;
c) land plots, part of the production unit, which must be at a distance of at least 3 (three) km as the crow flies from military zones and assets/properties under the administration responsibility of the Ministry of Defense.
4. In cases where, for the exercise of the activity, construction interventions are foreseen on the land plot, part of the production unit, the construction is carried out according to the provisions of the territorial planning and development legislation.
5. In cases where the land plot is used for the cultivation of cannabis for medical or industrial purposes, it must be equipped with a deed of acquisition of ownership, in accordance with the provisions of the Civil Code and Law No. 111/2018, "On the Cadastre".
6. The standards provided for in points 2, letters “a”, subsection “iv”, and “b”, and 3, letters “a”, subsection “iv”, and “b”, of this decision, do not apply when cultivation is carried out in closed environments.
7. The Ministry of Agriculture and Rural Development, the Ministry of Health and Social Protection, the National Cannabis Control Agency and licensed and permitted entities are charged with the implementation of this decision.
This decision enters into force upon publication in the "Official Gazette".
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