Cannabis as an ingredient in food or supplements (Brazil)

Cannabis cannot be used or offered as food or as an ingredient for food or supplements in Brazil. Such prohibition derives from Ordinance No. 344 of 1998, published by Brazilian FDA (Anvisa), that defines and regulates the sub-stances are subject to special control in the national territory, which includes Cannabis sativa as well as substances derived from the plant. On the other hand, Cannabis-related products are lawful and regulated by Anvisa for medical purposes with limita-tions given the cultivation and importation of the plant are still prohibited. Anvisa has regulated through Resolution 327/2019 the commercialization, prescription and dispensation of canna-bis-derived products for medicinal purposes. Furthermore, Anvisa Resolution 660/22 defines procedures for importa-tion of cannabis-derived products for medical and personal use. At the federal legislative level, Bill No. 399/2015 is the most advanced proposal, aimed at legalizing the cultivation of cannabis for medicinal and industrial purposes.

This is general information rather than legal advice and is current as of 30 May 2024. We recommend you contact a specialised food lawyer for legal advice for your particular circumstances to support commercial decisions which could impact your product or business.

Gustavo Swenson Caetano

Mattos Filho