Seven questions to understand the law on the legal use of cannabis

Law 13-21 relating to the legal uses of cannabis aims to provide Morocco with a legal framework allowing the development of the medical, cosmetic and industrial cannabis sectors in accordance with the Kingdom’s international commitments.

Here are seven questions to better understand this law which came into force in March 2022.

1-What are the main objectives of law 13-21 relating to the legal uses of cannabis?

Law 13-21 on the legal uses of cannabis has the main objective of regulating the cultivation and use of cannabis for medicinal and industrial purposes in accordance with the Kingdom’s international commitments.

To this end, the said law establishes a rigorous system of control of these activities as well as traceability of cannabis flows along the links in the chain.

This legal framework aims to stimulate the local economy, especially in rural areas affected by illegal cultivation, by creating jobs and economic opportunities through a legal and structured sector. It also allows legal cannabis farmers to carry out their activities by granting them legal rights and protections.

Law 13-21 also aims to develop the legal cannabis sector, promoting the legal use of cannabis for medicinal and industrial purposes, by establishing clear and precise regulatory and normative provisions for growers and operators in the legal cannabis sector. It allows the Kingdom to seize the opportunities offered by the cannabis market by attracting international operators, while establishing a rigorous traceability and control system to prevent any diversion of cannabis and its derivatives to the illicit market.

2-What are the expected socio-economic benefits?

The legalization and regulation of the legal cannabis sector generates jobs in various sectors, including agriculture, processing, distribution and transportation, particularly in the 3 provinces (Al Hoceima, Chefchaouen and Taounate) where cultivation is authorized by the regulatory provisions of Law 13-21. These provinces can thus benefit from increased economic development thanks to the legal cultivation of cannabis, which attracts national and foreign investors, also reduces illegal activities related to cannabis and reduces violence and insecurity in these regions.

On the other hand, Morocco could collect tax revenues from activities related to legal cannabis, whether through corporate taxation or through authorizations issued to operators in the sector.

The Kingdom can also open up export prospects to other countries, particularly for products derived from medicinal and industrial cannabis. The first exports of Moroccan cannabis products have already begun to countries that have legalized the cannabis sector, particularly to Switzerland and the Czech Republic.

3-What are the uses of cannabis provided for by law 13-21?

Law No. 13-21 relating to the legal uses of cannabis mainly targets the following uses:

Medical use: The use of legal cannabis for therapeutic purposes to treat certain medical conditions. The use of cannabis for medical purposes has been established in numerous scientific studies. THC and CBD, the active compounds in cannabis, have demonstrated their potential therapeutic effects in treating certain specific medical conditions, including chronic pain, nausea and vomiting associated with chemotherapy, muscle spasms related to multiple sclerosis, epilepsy, anxiety, post-traumatic stress disorder and sleep disorders.

Industrial use: use of cannabis and its extracts for the manufacture of cosmetic and personal care products, the manufacture of food products and food supplements. The use of cannabis in these products is known for its contribution to human well-being. They help to soothe anxiety and its physical manifestations, relieve pain, promote relaxation and muscle relaxation, help maintain the skin’s skin barrier, regulate sebum production and prevent pore obstruction, protect the body’s cells from free radical damage from the external environment (sun, pollution, smoking) to prevent dry skin and hair and help reduce inflammation in the body such as infection, injury or irritation.

Cannabis is also used for the production of fibers for the construction, textile, paper, plastic and many other industries.

4-Why this law?

The adoption of this law in Morocco at this precise moment was motivated by several reasons, including the evolution of the perception of cannabis at the international and national levels. This trend is supported by the UN agreement, recommendations made by the World Health Organization (WHO) regarding the reclassification of this plant in a manner consistent with recent scientific developments that have shown that cannabis has medicinal and therapeutic properties, in addition to the various uses associated with the fields of cosmetics, industry and agriculture. As a result, many countries have legalized or decriminalized the use of cannabis, whether for medicinal or recreational purposes, which has also influenced public opinion in Morocco.

It should be added that Morocco has a long tradition of cannabis cultivation, mainly in the Rif regions. Legal regulation could transform an informal market into a formal economy, generating tax revenues and jobs, while reducing illegal activities related to this plant.

5-What varieties will be authorized in Morocco, a country that has adhered to the 1971 Vienna Convention on psychotropic substances (including THC contained in cannabis) and has set up a rigorous system for controlling these substances?

The varieties of cannabis authorized for cultivation are either imported varieties or local varieties that are certified by ANRAC. Varieties of cannabis whose content of the psychoactive substance tetrahydrocannabinol (THC) exceeds the rate of 1% are only authorized for medical and pharmaceutical purposes. The production of cannabis for industrial purposes is only authorized in the case of THC contents

It should be noted that this THC content must not exceed 0.3% when the use is intended for the manufacture of food supplement products, in accordance with the provisions of the joint circular of the Ministers of Health and Social Protection and Agriculture, Maritime Fisheries, Rural Development and Water and Forests, No. 834 of November 14, 2023, relating to foodstuffs and beverages intended for particular nutrition, and not less than 0% when the use is intended for the manufacture of cosmetic and personal hygiene products, in accordance with the provisions of circular No. 771 D/DMP/18 of October 25, 2023 of the Minister of Health and Social Protection relating to the procedure for registering cosmetic and personal hygiene products.

6-Why is culture not open to industrialists, but oriented towards traditional peasant farmers?

This approach of directing cannabis cultivation towards traditional peasant farmers rather than opening this activity to industrialists aims to support traditional farmers who already have experience in cannabis cultivation and helps to preserve the livelihoods of rural communities and offer them a legal and lucrative alternative to illegal cultivation. In this respect, it should be noted that the implementation of Law 13-21 is not carried out with the aim of expanding the areas of cannabis cultivation but rather with a logic of gradual conversion to legal cannabis.

The government also seeks to reduce poverty in the targeted regions, which are often affected by a lack of economic opportunities, which would help improve the living conditions of farmers and their families. On the other hand, the government can better control and regulate production, minimizing the risks of abuses and illegal cultivation. This also helps ensure that the products grown meet quality and safety standards.

7-Why delimit the perimeter relating to the cultivation of legal cannabis and organize authorized farmers into cooperatives?

Law 13-21 has set the scope of the cultivation of legal cannabis to 3 provinces of the Kingdom which are the provinces of Al Hoceima, Chefchaouen and Taounate. It aims through this delimitation to comply with the international legislation ratified by the Kingdom. Indeed, the Single Convention on Narcotic Drugs of 1961 (ratified by Royal Decree No. 236-66 of October 22, 1966) stipulates the need to delimit the regions and designate the plots of land where the cultivation of cannabis is authorized. In addition, it requires that this cultivation be done within the limit of the quantities necessary to meet the needs of legal activities.

It should be noted that the law subjects the cultivation and production of industrial cannabis (with a THC content of less than or equal to 1% and therefore falling outside the framework of the Single Convention on Narcotic Drugs of 1961) to the same provisions relating to medical cannabis (demarcation of the cultivation perimeter, authorization regime, etc.) in order to control the risks of interference between legal and illegal crops.

Furthermore, the law stipulates the organization of authorized farmers into cooperatives. This is a unifying action that helps to overcome the fragmented land situation (more than 80% of plots are less than one hectare in size), gives farmers greater negotiating power with industrialists and allows the Agency and other departments (Agriculture, etc.) to provide better supervision.

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