1. What are the main objectives of Law 13-21 concerning the legal uses of cannabis?
The primary goal of Law 13-21 is to regulate the cultivation and use of cannabis for medicinal and industrial purposes in accordance with Morocco’s international commitments. It establishes a legal framework for the nine authorized activities under this law, including the cultivation and production of cannabis, the creation and operation of nurseries, the import and export of seeds and plants, the processing and manufacturing of cannabis and its products, the commercialization and export of cannabis and its products, the import of cannabis products, and the transportation of cannabis and its products. The law also enforces a strict system of control over these activities and the traceability of cannabis throughout the supply 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 provides licensed cannabis farmers with legal rights and protections. Additionally, the law seeks to develop the legal cannabis industry, promoting its medicinal and industrial uses by establishing clear and precise regulatory and normative provisions for cultivators and operators in the legal cannabis sector. The law enables Morocco to seize market opportunities by attracting international operators while maintaining a strict system of traceability and control to prevent any diversion of cannabis and its derivatives to the illegal market.
2. What are the expected socio-economic impacts?
The legalization and regulation of the legal cannabis sector are expected to generate jobs in various sectors, particularly in agriculture, processing, distribution, and transportation, especially in the three provinces (Al Hoceima, Chefchaouen, and Taounate) where cultivation is authorized under Law 13-21. These provinces stand to benefit from increased economic development through legal cannabis cultivation, attracting both national and foreign investors, reducing illegal cannabis activities, and decreasing violence and insecurity in these regions. Moreover, Morocco could generate tax revenue from legal cannabis-related activities, whether through corporate taxation or the issuance of licenses to sector operators. The Kingdom could also explore export opportunities to other countries, particularly for medicinal and industrial cannabis products. The first exports of Moroccan cannabis products have already begun, notably to Switzerland and the Czech Republic, which have legalized the cannabis sector.
3. What are the uses of cannabis as provided by Law 13-21?
Law 13-21 on the legal uses of cannabis mainly targets the following uses:
Medical Use: The legal use of cannabis for therapeutic purposes to treat certain conditions. Numerous scientific studies have established the medical use of cannabis. THC and CBD, active compounds in cannabis, have demonstrated potential therapeutic effects for treating specific medical conditions, including chronic pain, nausea and vomiting associated with chemotherapy, muscle spasms related to multiple sclerosis, epilepsy, anxiety, post-traumatic stress disorder (PTSD), and sleep disorders.
Industrial Use: The use of cannabis and its extracts for the production of cosmetic and personal hygiene products, food products, and dietary supplements. Cannabis in these products is known for its contribution to human well-being. It helps ease anxiety and its physical manifestations, relieve pain, promote relaxation and muscle relaxation, maintain the skin's barrier function, regulate sebum production, prevent pore blockage, protect body cells from damage by free radicals from the external environment (sun, pollution, smoking), and help reduce inflammation such as infections, injuries, or irritations. Cannabis is also used for producing fibers for the construction, textile, paper, plastic, and other industries.
4. Why was this law adopted?
The adoption of this law in Morocco at this particular time was motivated by several factors, including the evolving international and national perception of cannabis. This trend is supported by the United Nations' agreement and recommendations from the World Health Organization (WHO) regarding the reclassification of this plant in a way consistent with recent scientific developments showing that cannabis has medicinal and therapeutic properties, in addition to its various uses in cosmetics, industry, and agriculture. Consequently, many countries have legalized or decriminalized cannabis use, whether for medicinal or recreational purposes, which has also influenced public opinion in Morocco. Additionally, 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. Which cannabis varieties will be authorized in Morocco, a country that has adhered to the 1971 Vienna Convention on Psychotropic Substances (including THC in cannabis) and implemented a strict control system over these substances?
The varieties of cannabis authorized for cultivation are either imported varieties or local varieties certified by ANRAC. Cannabis varieties with a tetrahydrocannabinol (THC) content exceeding 1% are only authorized for medical and pharmaceutical purposes. Cannabis production for industrial purposes is only permitted for varieties with THC levels below 1% in cannabis seeds, the cannabis itself, and its products. It should be noted that THC content must not exceed 0.3% when used for manufacturing dietary supplements, in accordance with the joint circular issued by the Ministers of Health and Social Protection and Agriculture, Maritime Fisheries, Rural Development, and Water and Forests, No. 834 of November 14, 2023, concerning foods and beverages intended for special dietary use, and must be no less than 0% when used for manufacturing cosmetic and personal hygiene products, in accordance with the circular No. 771 D/DMP/18 of October 25, 2023, from the Minister of Health and Social Protection regarding the procedure for registering cosmetic and personal hygiene products.
6. Why is cultivation not open to industrialists, but rather directed towards traditional farming communities?
This approach of directing cannabis cultivation toward traditional farming communities instead of opening it to industrialists aims to support traditional farmers who already have experience in cannabis cultivation and to preserve the livelihoods of rural communities, offering them a legal and lucrative alternative to illegal cultivation. It is important to note that the implementation of Law 13-21 is not aimed at expanding the areas under cannabis cultivation but rather at progressively converting illegal cultivation into legal cultivation. The government also seeks to reduce poverty in targeted regions, often affected by a lack of economic opportunities, thereby contributing to improving the living conditions of farmers and their families. Furthermore, the government can better control and regulate production, minimizing the risks of illegal activities and ensuring that cultivated products meet quality and safety standards.
7. Why delimit the area for legal cannabis cultivation and organize authorized farmers into cooperatives?
Law 13-21 has restricted legal cannabis cultivation to three provinces in the Kingdom: Al Hoceima, Chefchaouen, and Taounate. This delimitation aims to comply with international legislation ratified by Morocco. The Single Convention on Narcotic Drugs of 1961 (ratified by Royal Decree No. 236-66 of October 22, 1966) stipulates the need to delimit regions and designate plots of land where cannabis cultivation is authorized. Moreover, it requires that cultivation be limited to the quantities necessary to meet the needs of legal activities. The law also subjects industrial cannabis cultivation (with a THC content of less than or equal to 1%, and thus outside the scope of the Single Convention on Narcotic Drugs of 1961) to the same provisions as medical cannabis (cultivation area delimitation, licensing regime, etc.) to manage the risks of interference between legal and illegal cultivation. Additionally, the law requires authorized farmers to be organized into cooperatives, a federative action that addresses the fragmented land situation (over 80% of plots are less than one hectare in size), gives farmers greater bargaining power with industrialists, and allows the Agency and other departments (Agriculture, etc.) to provide better support.