Navigating the complex world of medical cannabis can be challenging, especially with varying regulations and requirements. At Green Mountain, we aim to provide expert guidance and support, ensuring your peace of mind as you explore the burgeoning medical cannabis industry in Costa Rica. Whether you are seeking a medical cannabis license or looking to invest in this rapidly growing market, we are here to help.
Costa Rica’s medical cannabis industry is governed by the Ley N° 10113 (Law of Cannabis for Medicinal and Therapeutic Use and Hemp for Food and Industrial Use) and its accompanying Decreto Ejecutivo N° 43724-MP-S-MAG (Regulation for Medicinal and Therapeutic Cannabis). These regulations are mandatory for all individuals and entities applying for a medical cannabis license within the country.
In Costa Rica, there are currently only 3 types of medical cannabis licenses:
- Import & Export
- Cultivation
- Production
All of these licenses have rigorous stipulations and an extensive array of required documents needed to satisfy the Ministry of Health.
Regardless of the type of license, all licenses have the following commonalities:
– Medical Cannabis Licenses are issued for 6 years.
– The cost for obtaining the license once approved by the Ministry of Health is ₡3,755,769.12 payable annually in the amount of ₡625,961.52
– Licenses have validity for 6 years for small businesses, as defined by the Ministry of Economy and Commerce, and organizations of small agricultural producers, as defined by the Ministry of Agriculture and Livestock, cost ¢938,942,275 in total, payable annually at a rate of ¢156,490.25.
– The fees shall be paid via bank deposit to the General Fund of the State of the National Treasury. Individuals or legal entities wishing to obtain a license may pay the total amount of the fee established for the 6 years in a single installment.
The payment of the fees established for the license for the first time must be made within 3 business days following the confirmation of the license grant; otherwise, the license will be annulled.
For a license for the manufacture of psychoactive cannabis derivatives and/or for the production of medications:
a) Fully completed application form (Annex II).
b) Sworn declaration stating that the individual applicant, as well as the legal entity and its associates or partners, are not affected by the prohibitions established in Article 11 of Law No. 10113 (Annex V).
c) Detailed description of the productive project intended to be developed (Annex III).
d) Proof of having Work Risk Insurance.
e) Informed consent explicitly authorizing the Ministry of Health to verify the accuracy of the information provided (Annex VII).
f) Proposed security protocol for the development of the activity, which must adhere to the established guidelines (Annex IV).
g) Proof of payment of the license fee, once the license is approved.
h) Judicial Records of the applicant or their legal representatives.
i) Corresponding photographic records of the premises intended for manufacturing and a layout of the area where the requested activities will take place, showing the flow of personnel and materials.
j) If the applicant is not the owner of the property or properties, attach a document confirming the right to use the premises.
k) If the applicant for the manufacturing license is not the same as the cultivator, a contract signed with the individuals or legal entities holding the respective license issued by the Ministry of Agriculture and Livestock, from whom they will purchase plant material for processing.
Other requirements that the Ministry of Health will verify once the application is submitted:
a) The applicant has a valid sanitary operating permit for the respective activity.
b) The Legal Entity of each associated society certifies the legal representation of the applicants before the National Registry.
c) The applicant has a Good Manufacturing Practices certificate for medications, where applicable.
d) The applicant has a cultivation license issued by the Ministry of Agriculture and Livestock, if the manufacturer is also the cultivator.
e) The applicant has complied with the provision of information and remains up-to-date with the reporting of the Declaration issued by the Register of Transparency and Final Beneficiaries (RTBF) administered by the Central Bank of Costa Rica.
f) The applicant is registered as an employer and is up-to-date with all obligations to the Costa Rican Social Security Fund (CCSS) and Family Allowances.
Green Mountain is dedicated to ensuring that your journey into the medical cannabis sector in Costa Rica is smooth and successful. From obtaining necessary licenses to providing investment consultancy, we are your trusted partner in this evolving industry. Contact us today for more information and take the first step towards leveraging the potential of medical cannabis in Costa Rica.
