Inspiring Women in Law: a conversation with Maria Fernanda Canepa about the Rise of Medicinal Cannabis Law in Peru
 

«The law can serve as a vehicle to ensure safe and regulated access to treatments that improve the lives of thousands of patients»
 

Latin Counsel has had the pleasure of interviewing Maria Fernanda Canepa, an IP Specialist at OMC Abogados & Consultores in Peru, to discuss the establishment of a new practice area focused on medicinal cannabis law.

With the enactment of Law N°30681, OMC Abogados has taken a pioneering step by establishing a dedicated practice area to address the complexities and challenges surrounding this emerging sector.

María Fernanda shares her insights on the legal landscape, the opportunities it presents, and the vital social impact of medicinal cannabis on patients’ lives. Join us as we explore the motivations behind this innovative initiative and the transformative potential it holds for the future of healthcare in Peru.

Latin Counsel: What motivated OMC Abogados to establish this new practice area?

María Fernanda Canepa: We decided to establish this new practice area because we identified a unique opportunity to contribute to the development of an emerging and highly regulated sector: medicinal cannabis. Since the enactment of Law N°30681, we observed that many companies, healthcare professionals, and patients faced challenges in understanding and complying with the legal requirements necessary to operate within the regulatory framework. Additionally, we recognized that our expertise in regulatory and corporate law could make a significant difference by providing strong support in areas such as obtaining licenses, negotiating commercial contracts, and ensuring regulatory compliance. We are driven by the positive social impact medicinal cannabis has on the lives of thousands of patients, as well as the potential for Peru to become a regional leader in this industry.

Latin Counsel: What do you consider the strongest points of the new law in terms of access to medicinal cannabis?

María Fernanda Canepa: The law has several strong points: it recognizes the right to the medicinal and therapeutic use of cannabis and its derivatives, promotes scientific research, and establishes a comprehensive licensing system that regulates cultivation, production, and distribution.

Latin Counsel: How do you assess the clarity of administrative processes for obtaining licenses?

María Fernanda Canepa: Although the legal framework establishes clear procedures, it is often perceived as complex due to numerous requirements, such as the submission of technical studies, compliance with safety standards, and coordination with multiple entities like DIGEMID and SUNAT.

Latin Counsel: What are the main challenges professionals and companies face in complying with the current regulations?

María Fernanda Canepa: Professionals and companies encounter high costs associated with permits and licenses, rigorous technical requirements, and strict oversight. Additionally, there is often a lack of prior experience in the regulated sector and prevailing social stigma surrounding cannabis use.

Latin Counsel: What measures could be implemented to streamline the licensing and permit process?

María Fernanda Canepa: Simplifying administrative procedures through digital platforms, providing specific training for public officials and legal operators, and establishing more defined deadlines for evaluating applications could significantly enhance the process.

Latin Counsel: How has the social perception of medicinal cannabis changed since the law’s implementation?

María Fernanda Canepa: There has been a positive shift, particularly among patients and their families, who now view medicinal cannabis as a legitimate and legally supported therapeutic alternative.

Latin Counsel: What changes do you expect to see in medicinal cannabis legislation in the coming years?

María Fernanda Canepa: I expect to see the inclusion of more illnesses in the list of authorized therapeutic uses, greater support for local cultivation, and reforms to facilitate scientific research.

Latin Counsel: What advice would you give Peruvian legislators to improve the regulatory framework for medicinal cannabis?

María Fernanda Canepa: Legislators should foster public policies that facilitate research, reduce licensing costs to encourage local business participation, and promote public education campaigns to eliminate stigma.

Latin Counsel: What motivated you to join this new medicinal cannabis practice area at OMC Abogados?

María Fernanda Canepa: I chose to join this practice because it combines legal challenges with a strong social component. The law can serve as a vehicle to ensure safe and regulated access to treatments that improve the lives of thousands of patients. Additionally, this practice allows me to be at the forefront of an innovative field, exploring opportunities in the pharmaceutical industry, commerce, and scientific research, while promoting an ethical and responsible approach.

Latin Counsel: What specific challenges has OMC encountered in establishing this new practice area?

María Fernanda Canepa: OMC has faced challenges such as understanding the complexity of regulations, advising within a legal framework that is still evolving, and building trust with clients concerned about legal or social risks.

Latin Counsel: What do you believe are the most promising opportunities in the medicinal cannabis sector in Peru?

María Fernanda Canepa: The most promising opportunities include expanding licensed local cultivation, developing innovative medicinal products, and exporting derivative products.

Latin Counsel: How does the firm handle ethical and legal issues in this innovative area?

María Fernanda Canepa: OMC Abogados strictly adheres to current regulations, prioritizing ethical and legal compliance to protect both clients and the patients who depend on medicinal cannabis.

Latin Counsel: Have you worked on any noteworthy cases within this new practice? Could you share details about their impact?

María Fernanda Canepa: A standout case was advising a national company from its establishment as a pharmaceutical wholesaler to obtaining the required licenses.

Latin Counsel: What types of clients typically seek advice in this area, and what are their main concerns?

María Fernanda Canepa: Our clients include pharmaceutical companies concerned with licensing and regulatory compliance, patients and NGOs interested in access and availability of treatments, and researchers seeking guidance on research permits.

Latin Counsel: What is your vision for the future of medicinal cannabis in Peru, and how will OMC Abogados position itself in this context?

María Fernanda Canepa: The future of medicinal cannabis in Peru is promising, with more investment, innovation, and social acceptance. OMC Abogados will position itself as a leader by providing comprehensive advice in this area.

Latin Counsel: What advice would you give to other lawyers looking to specialize in medicinal cannabis?

María Fernanda Canepa: I recommend thoroughly studying the current regulations, both nationally and internationally, and staying updated on changes in this ever-evolving sector. Gaining expertise in areas such as corporate law, regulatory law, public health, and pharmaceutical trade is essential. Collaborating closely with doctors, pharmacists, and researchers will help lawyers understand the industry’s needs. Acting with an ethical and responsible approach will ensure patient benefits, and developing a strategic vision will help identify legal opportunities in areas such as intellectual property, commercial contracts, and exports within this emerging industry.

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