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 ofthousands of patients»

Latin Counsel has had the pleasure of interviewing Maria Fernanda Canepa , an IP Specialist at OMC Abogados & Consultores in Peru, todiscuss 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 thecomplexities 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 onpatients’ lives. Join us as we explore the motivations behind this innovative initiative and the transformative potential it holds for the future ofhealthcare in Peru. 

What advice would you give Peruvian legislators to improve the regulatory framework for medicinal cannabis? 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 thedevelopment of an emerging and highly regulated sector: medicinal cannabis. Since the enactment of Law N°30681, we observed that manycompanies, healthcare professionals, and patients faced challenges in understanding and complying with the legal requirements necessary tooperate 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 regulatorycompliance. 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.

What advice would you give Peruvian legislators to improve the regulatory framework for medicinal cannabis? 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 itsderivatives, promotes scientific research, and establishes a comprehensive licensing system that regulates cultivation, production, anddistribution.

What advice would you give Peruvian legislators to improve the regulatory framework for medicinal cannabis? 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 numerousrequirements, such as the submission of technical studies, compliance with safety standards, and coordination with multiple entities like DIGEMID and SUNAT.

What advice would you give Peruvian legislators to improve the regulatory framework for medicinal cannabis? 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 technicalrequirements, and strict oversight. Additionally, there is often a lack of prior experience in the regulated sector and prevailing social stigmasurrounding cannabis use.

What advice would you give Peruvian legislators to improve the regulatory framework for medicinal cannabis? 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 legaloperators, and establishing more defined deadlines for evaluating applications could significantly enhance the process.

What advice would you give Peruvian legislators to improve the regulatory framework for medicinal cannabis? 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 alegitimate and legally supported therapeutic alternative.

What advice would you give Peruvian legislators to improve the regulatory framework for medicinal cannabis? 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 localcultivation, and reforms to facilitate scientific research.

What advice would you give Peruvian legislators to improve the regulatory framework for medicinal cannabis? ¿Qué consejo le daría a los legisladores peruanos para mejorar el marco regulatorio del cannabis medicinal?

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

What advice would you give Peruvian legislators to improve the regulatory framework for medicinal cannabis? 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 serveas a vehicle to ensure safe and regulated access to treatments that improve the lives of thousands of patients. Additionally, this practice allowsme to be at the forefront of an innovative field, exploring opportunities in the pharmaceutical industry, commerce, and scientific research, whilepromoting an ethical and responsible approach.

What advice would you give Peruvian legislators to improve the regulatory framework for medicinal cannabis? 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 frameworkthat is still evolving, and building trust with clients concerned about legal or social risks.

What advice would you give Peruvian legislators to improve the regulatory framework for medicinal cannabis? 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 medicinalproducts, and exporting derivative products.

What advice would you give Peruvian legislators to improve the regulatory framework for medicinal cannabis? 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 clientsand the patients who depend on medicinal cannabis.

What advice would you give Peruvian legislators to improve the regulatory framework for medicinal cannabis? 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 toobtaining the required licenses.

What advice would you give Peruvian legislators to improve the regulatory framework for medicinal cannabis? 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 andNGOs interested in access and availability of treatments, and researchers seeking guidance on research permits.

What advice would you give Peruvian legislators to improve the regulatory framework for medicinal cannabis? What is your vision for the future of medicinal cannabis in Peru, and how will OMC Abogados position itself in thiscontext?

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.

What advice would you give Peruvian legislators to improve the regulatory framework for medicinal cannabis? 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 onchanges in this ever-evolving sector. Gaining expertise in areas such as corporate law, regulatory law, public health, and pharmaceutical tradeis essential. Collaborating closely with doctors, pharmacists, and researchers will help lawyers understand the industry’s needs. Acting with anethical and responsible approach will ensure patient benefits, and developing a strategic vision will help identify legal opportunities in areassuch as intellectual property, commercial contracts, and exports within this emerging industry.