Law no. 339/2005 (the Law) provides that the growth, import and sale of cannabis for medical use is allowed in Romania, but under strict Government supervision. Patients may be prescribed cannabis for medical use in the form of pharmaceutical products only.
Cannabis may be cultivated in Romania in consideration of the declared interest to medical science of the plant and of its derivatives (such as cannabis resin, cannabis extracts or tinctures and dronabinol).
Cannabis is generally cultivated in Romania for fibre, seed/grain and oil, and the main variety of cannabis is Cannabis Sativa L, sub-specie Sativa, which generally has a Tetrahydrocannabinol (THC) content of under 0.2%.
THC is classified as a high-risk drug and is prohibited by the Law. Romanian law does not allow any sale or distribution of general cannabis products (e.g. oil, flour, or food supplements) containing THC, regardless of the concentration. In January 2021, the Romanian Directorate for Investigating Organized Crime and Terrorism clarified that the maximum THC content authorised (0.2%)- is determined in the cannabis plant (in the cultivation phase), not in the finite product.
For cultivation, farmers must obtain prior authorisations from the local Ministry of Agriculture and Rural Development (MARD) county office; MARD is authorised to establish the regulatory process for cultivation and for sample collections (i.e. for determining any THC content).
The business operations during the production, processing, storage and distribution of psychoactive and drug substances and preparations are further supervised by the Ministry of Health.
In terms of sanctions, failure to meet the requirements provided by the Law may result in fines ranging between RON 200 to 20,000 or prison sentences up to seven years. Moreover, if such failings resulted in the death of a person, the sanction may go up to twenty years imprisonment.
Having said that, the mentioned provisions in the legislation are not acknowledged or construed unanimously as upholding the regime that in Romania cannabis may be used for medicinal use. On the contrary, the fact that such a regime would exist in Romania has been questioned and the authorities (including the health authorities) have failed to provide definitive clarifications. It is for this reason that the Romanian Parliament is currently discussing a new draft law regarding the legal framework for medical cannabis and substances and preparation which contain cannabis (further information below under section “Latest developments”)
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