Cannabis consumption tax proposes the Federation of Departments to the next president of Colombia

The idea arises from a document with 11 proposals sent by the association to the candidates for the first magistracy

Con un mercado en pleno crecimiento, la industria del cannabis medicinal se abre paso en Colombia y busca convertirse en un proveedor de materia prima. EFE/Mauricio Dueñas/Archivo

In search of achieving regional decentralization — a crucial issue for the country's development, according to its members — the National Federation of Departments (Fededepartamentos, or FND) proposed a tax on cannabis consumption to encourage discussion regarding the financing of the regions in the following period presidential.

The concept behind this idea is to adopt a territorial tribute to marijuana consumption — no matter if it is therapeutic or recreational — part of which would go to regional coffers.

For the governors, this tribute, which is part of a technical paper with 11 more ideas, has a broad justification that takes into account the cannabis movement in other countries, especially in North America.

Fededepartamentos set out in this way what could be an uncomfortable idea for sectors against the use of recreational and therapeutic cannabis:

The current director of the FDN, the governor of Sucre, Hector Olimpo Espinosa, insisted that it is essential in the upcoming presidential debate, as well as in the legislative agenda, to discuss what he considers “a revolution” in the country's taxation given that the proposal meets “the need to strengthen the autonomy of all regions in terms of decentralization, we propose a real revolution in fiscal matters”.

It should be noted that the idea of the FND is presented in a context of cannabis regulation that would allow the future growth of this industry in Colombia.

In context | Regulations a href="https://www.infobae.com/america/colombia/2022/04/03/se-emitieron-las-reglamentaciones-para-importar-y-exportar-cannabis-en-colombia/" rel="noopener noreferrer" were issued to import and export cannabis in Colombia - Infobae

Despite this step forward, experts have pointed out that the new regulations present legal gaps that could hinder the advancement of this industry.

Speaking to INFOBAE COLOMBIA, the expert in Health and Pharmaceutical Law, Luz Helena Vargas warns of the first legal vacuum related to CBD: “Although the authorities gave the green light to the use of THC products, CBD products are much more commercially attractive, a category for which will still be subject to regulations issued by the Ministry of Health and Social Protection”.

Despite this, although at this time products for human consumption may only contain a quantity of THC (including its isomers, salts and acid forms) equal to or greater than 2mg. (current limit of control), in case of export, the cannabinoid limit shall be that allowed by the country of destination.

In context |a href="https://www.infobae.com/america/colombia/2022/03/31/los-vacios-legales-que-deja-la-nueva-regulacion-de-cannabis-de-uso-industrial-en-colombia/" rel="noopener noreferrer" The legal gaps left by the new regulation of cannabis for industrial use in Colombia - Infobae

While replicas of candidates are expected, FND also proposed a tax on the consumption of sugary and sweetened beverages with a percentage of transfer to departments as well as a consumption tax on heated tobacco products, such as electronic cigarettes and similar systems with and without nicotine, in the country, as forms of taxation that can be useful for the development of departments.

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