Costa Rica’s courts have refused permission for the sale of beer that is believed to contain ingredients of marijuana. The decision is based on legislation that prohibits the cultivation and use in any manner, directly or processed, coca, poppy, hemp or marijuana. This includes both the plant and seeds. The company Nikimar SA had filed suit against the state for not allowing the registration of Hanfblüte Beer as it contains, among other ingredients, hemp leaves and flowers. At the discretion of judges and justices who make up the Alto Tribunal de Casación Contencioso Administrativo, Article 127 of the General Health Act establishes a clear ban on the use of unauthorized use drugs.
The only exception to the Article is when it comes to brand-name drugs registered for use by doctors and distribution facilities duly authorized. Last year, the position of the then ministra de Salud, Maria Luisa Avila, was that it may not contain any drugs, “it may promote consumption”. Avila said publicly “there’s a law about alcoholic advertising, that includes labeling and packaging. This beer won’t be forbidden, we will only ask for the label to be changed“.
On the label presented before Health officials then, the Swiss beer Hanfblüte, showed two farmers cutting marijuana on a harvest, and on its cap, there’s a drawing of a marijuana leaf. Some analysis showed that there’s no ‘pot’ on that beer, but some other weed similar to cannabis (hemp), widely used in Europe on cooking recipes. “We have to protect ourselves, knowing that marijuana is an illegal drug, and this advertising would be subliminally inducing the consumption of the real drug“, said Ávila.Yesterday’s court decision ends the battle for the beer to appear on Costa Rican store shelves.
via : InsideCostaRica
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