CBD free samples: Why are CBD free samples prohibited?

It’s not unusual to get CBD free samples of a product after seeing the doctor, is it? They are protected by the law, hence they are not unlawful.

According to Resolution 60 of 2009, any person or legal company may sell, provide, and distribute medications, medicines, pharmaceutical components, and associated items to prescribing doctors.

However, if you’ve considered asking your doctor for a free Cannabidiol (CBD) sample, you should be aware that it’s not quite that easy.

Why are CBD free samples not allowed?

Perhaps you want to undergo cannabis therapy, but are hesitant due to the cost and have thought, “It would be wonderful to get a free sample,” correct? The issue is that they are illegal, and anybody who has them is breaching the law.

This is because the same Resolution that authorised the delivery of medications to physicians also prohibits the sale of any product. For instance, cannabis derivatives.

What about imported products?

Since 2015, cannabis-derived oils may be imported under Resolution 660. Even without registering with the National Health Surveillance Agency (Anvisa), it is sufficient to possess a prescription and import authorisation from the agency.

However, according to article 12 of Law No. 6.360/1976, no product may be made, exhibited for sale, or provided for consumption prior to registration with the Ministry of Health.

Due to the fact that the distribution of free samples entails the supply of the medicine for consumption, this practise cannot be implemented until Anvisa has approved the product registration and made it public.

What about drugstore products?

You may wonder, though, what about the oils available at pharmacies? Following the passage of RDC 327/19, firms were authorised to register their goods with Anvisa and distribute them to pharmacies. 18 oils have been certified by the EPA so far.

They would thus comply with the law, correct? No, unfortunately.

Ordinance No. 344/1998 theoretically permits the distribution of banned substances.

It states that only medications containing chemicals on the “C1” (other compounds subject to special regulation) and “C4” (antiretrovirals) lists are permitted to provide free samples. In this instance, CBD is added to the C1 list.

Nonetheless, item 14 of RDC 327, which governed the sale in pharmacies, prohibited the distribution of free samples.

And what about oil donations?

This month, the Federal Regional Court (TRF) of Paraná finally allowed the gift of twenty CBD bottles imported according to a medical arrangement.

In 2019, a court approved coverage for the patient to whom the items were addressed. However, the oils were not effective for her illness, and she returned them.

The next year, another individual used the identical substance and concentration provided by the health plan. Therefore, the insurance company desired to give the oil returned by the first patient.

As the oil was imported for a particular patient, justice did not permit it. The idea was eventually approved by the TRF after an appeal.

Tamer is an exceptional author in Health Industry, She is passionate about helping people to make them understand about health-related tips.