El vacío legal existente en el procesamiento, registro sanitario, acceso y prescripción del cannabis medicinal en Ecuador : propuesta de regulación farmacéutica y jurídica.

Abstract

This project analyzes the legal gap in Ecuador regarding the processing, health registration, access, and prescription of cannabis for medicinal use, showing the regulatory contradictions and the legal and health consequences of this lack of regulation. Although regulations have been approved that recognize the medical/therapeutic and agricultural/industrial potential of non- psychoactive cannabis or hemp, the regulations have failed to articulate criminal, health, and pharmaceutical regulations in a coherent manner, creating a legal uncertainty for both patients and health professionals. The research shows that the elimination of the “Drug Table”, the absence of legal technical parameters, and the lack of clinical guidelines for prescription and control have placed patients in a situation of uncertainty that violates constitutional principles such as the right to health, legal protection, and effective judicial defense. In response to this, a comprehensive solution is proposed that includes criminal law reforms recognizing valid cannabis prescriptions as a cause for exclusion from responsibility, clear health and pharmacological protocols, and a unified electronic system that allows for tracking, in order to provide quality, safety, and responsible and legal medical and/or therapeutic use. The study concludes that only through comprehensive legal and pharmaceutical regulation can a legal framework be established that can protect patients, offer safety to healthcare professionals, and strengthen public health policy in the country.