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Legalization of Cannabis and Cannabis derived products in Aruba: an Update

Richie KockFollow
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The Aruba government has taken a first step toward the legalization of Cannabis and Cannabis derived products in Aruba by legalizing Cannabidiol (CBD) containing a maximum of 0.2% THC, i.e. the main psychoactive ingredient in Cannabis that causes the ‘high’ effect.

In December of 2019, a ministerial regulation was issued which excludes CBD products with no more than 0.2% THC from the legal definition of a narcotic as defined by the Aruba Ordinance on narcotics (Landsverordening verdovende middelen), effectively making said products legal (AB 2019 no. 83). An explanation: Aruba has formal and material laws. A formal law comes into fruition through the formal lawmaking process which requires the approval of the government, the senate and parliament. Conversely, a sitting minister has the power to issue a regulation which is a material law that applies to all citizens.

Concurrently, two other ministerial regulations were issued which label CBD products with a maximum of 0.2% THC as a medicine or as a supplement, respectively (AB 2019 no. 82 / 84). Aforementioned distinction is relevant, because a medical prescription is only required for medicine as defined in the Ordinance on the provision of medicine (Landsverordening geneesmiddelenvoorziening). Supplements, if not considered medicine, may be sold over the counter without a prescription.

Above-mentioned regulations are in line with a report dated July 3rd, 2019 from the Ministry of Health and approved by the Council of Ministers (Startnota Medicinale Cannabis), which acknowledges the therapeutic benefits of Medicinal Cannabis and aims to provide patients in Aruba with the option to choose for alternative medicine, including Medicinal Cannabis.

Notwithstanding the above, the country’s financial deficit plays a crucial role in the legalization process. Case in point: the expected revenues from the issuance of licenses for the cultivation of Cannabis in Aruba were included in the budget for the year 2020.

The recreational use of Cannabis is still illegal in Aruba.

The Aruba government has taken a first step toward the legalization of Cannabis and Cannabis derived products in Aruba by legalizing Cannabidiol (CBD) containing a maximum of 0.2% THC, i.

Recreational cannabis will not be legalized in Aruba

ORANJESTAD – The Government of Aruba announced it would not legalize recreational cannabis.

The Government of Aruba has been working for a while on the legislation of medical cannabis. This to meet the demand for the use of cannabis-derived oils, creams, and its positive effects. The use of cannabis or any cannabis-derived product is still against the laws of Aruba. This should be changed according to the Cabinet, Wever-Croes The import of cannabis oils and creams should become legal in Aruba making it more accessible for all. The positive effect these oils have for cancer patients should be the main reason for the legalization of medical cannabis.

The effects of the oil and creams on humans are not similar compared to those of marihuana. The Government is emphasizing that it will only legalize medical cannabis and NOT recreational cannabis.

Many families suffer from the effects of marihuana addiction by family members and the Government will assist these families with support and facilities to help addicts, but it will certainly not contribute to the deterioration among the youth due to substance abuse.

The use of illegal drugs will be prosecuted by the law.

The legalization of medical cannabis will be submitted to strict conditions and regulations.

The Government will legalize medical cannabis but not recreational cannabis.

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