Cannabis in Morocco

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Is cannabis legal in Morocco?

Cannabis is illegal in Morocco.

The country is one of the world's leading cannabis producers, with the Rif region being the primary centre of production. While there is significant local consumption in the country, Moroccan cannabis is also distributed internationally, including to African and European markets.

The authorities are reluctant to dismantle the cannabis trade because it is often the primary source of income for large segments of the population.

On May 26, 2021, the Moroccan parliament voted to legalise the use of cannabis for medical, as well as cosmetic and industrial purposes. Recreational use however is still illegal.

The legalisation was confirmed by a second vote on June 16, 2021, after some adjustments to the law, proposed by the Chamber of Councillors.

Legislation

Law No. 1-73-282 of May 21, 1974, on the suppression of drug use and drug prevention.

Possession or use is liable to imprisonment of between 2 months and 1 year and/or a fine. Article 8 of the Law on the Suppression of Drug use sets out the possibility of treatment, i.e., mandated medical detoxification with a 15-day follow-up drug screening.

The Criminal Code of Morocco.

Law No. 13-21 related to the legal uses of cannabis enacted in July 2021 aims to provide a legal framework of the medical and industrial use of the cannabis throughout 9 activities as mentioned below:

  • cultivation and production of cannabis
  • creation and operation of cannabis nurseries
  • export of seeds and plants of cannabis
  • import of seeds and plants of cannabis
  • processing and manufacturing the cannabis
  • transportation of the cannabis
  • marketing of the cannabis and its products
  • export of the cannabis and its products
  • import of the cannabis products

The exercise of these activities is subject to an authorisation granted by the National Agency for the Regulation of Activities relating to Cannabis (“ANRAC”). The authorisation granted by ANRAC for one of the activities relating to cannabis covered by the Law is valid for a period of 10 years renewable under the same conditions.

The Law sets out an exception for the medical and pharmaceutical industry as the authorisation of cultivation and production of varieties of cannabis in which the THC exceeds 1% could be granted.

The Law allows the cultivation, production, transport, import, export and marketing of cannabis and its products for industrial purposes (other than medical and pharmaceutical) and subject to compliance with the legal conditions for each activity relating to the cannabis and subject to obtain an authorization from ANRAC.

The Law provides that no authorisation can be granted for the cultivation and production of varieties of cannabis, nor for the processing, manufacturing, import, export and marketing of cannabis and its products in sectors other than medical and pharmaceutical industries if the THC exceeds 1%.

The industrial use of cannabis in compliance with the Law and duly authorised by ANRAC might consist of cosmetic products and food supplements.

Law No. 13-21 related to the legal uses of cannabis is silent on intellectual property rights.

Under Law No. 17-97 on the protection of industrial property, an invention that complies with public policy and the law is patentable. The patentability of plant varieties is subject to certain conditions.

References

1. Cannabis in Morocco

2. Criminality in Morocco

Border Countries
  • Algeria
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    Disclaimer

    The legality of cannabis varies widely across Africa. In some countries, cannabis is illegal, and possession or use can result in severe penalties. In other countries, cannabis is legal or decriminalised for medical or recreational use.

    It is important to note that the laws and penalties related to cannabis can change frequently and vary by jurisdiction. It is always a good idea to research the current law and regulations before using or possessing cannabis in any country.

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