Cannabis law and legislation in North Macedonia

The Macedonian Law on the control of Narcotics Drugs and Psychotropics Substances consider Medical Cannabis as psychoactive controlled substance (narcotic drug). The Medical Cannabis is treated as other psychoactive controlled substance. The Macedonian Law on the control of Narcotics Drugs and Psychotropics Substances defines the following varieties as Cannabis which can be used only for medical purposes:

• “Medical cannabis” - all above-ground fresh or dry parts of the plant, including the seeds of the species Cannabis Sativa, Cannabis Indica and Cannabis Ruderalis;
• “Hemp seed oil” - an oil extract, refined or unrefined, obtained by means of a cold or another type of extraction of plant seeds belonging to various species of the genus of Cannabis, which does not contain more than 10 mg/kg of tetrahydrocannabinol (THC), whose primary use is in cosmetic and hygiene products, lubricants, dyes or as food;
• “Cannabis/hemp oil” - a liquid resin extract obtained by extracting the oleoresin from the above-ground parts (excluding the seeds) of the plants belonging to various species of the genus of Cannabis, which contains a high percentage of cannabinoid components, especially tetrahydrocannabinol (THC);
• “Industrial hemp” - all above-ground fresh or dry parts of the plant, except for the seeds, of the Cannabis Sativa species (hereinafter referred to as: hemp).

Recreational use of Cannabis is not allowed in North Macedonia.

Pursuant to the Macedonian Criminal Code, keeping narcotic drugs, its production or its placing on the market (even for personal use) is punishable with 6 months imprisonment up to ten years’ imprisonment. 

Cultivating cannabis is allowed only for medical and/or scientific purposes. Cultivation of cannabis may only be allowed to legal entities that have prior approval for the cultivation of cannabis issued by the Ministry of Health, upon a previously obtained consent from the Government of the Republic of North Macedonia. It is necessary the legal entity to fulfil the conditions prescribed with the Law on the control of Narcotics Drugs and Psychotropics Substances. The legal entity that has an approval for cannabis cultivation, before starting the sowing/planting, is obliged to apply to the Ministry of Agriculture, Forestry and Water Economy for the purpose of obtaining an approval for sowing/planting of cannabis. The cannabis cultivation and harvest are strictly regulated and monitored.

There is no general prohibition on patenting cannabis-based products if such product fulfils the conditions prescribed by the Industrial Property Law. The conditions that are necessary for the invention to be granted as patent are the novelty, inventive step, and industrial applicability. However, patent cannot be granted for inventions if they are contrary to public order or morality. 

Lately there have been initiatives for amendments of the regulations regarding the establishment of separate Agency for control of cultivating and production of medical cannabis, as well as initiatives for decriminalization of the recreational use of cannabis. Additionally, there is a significant market trend for opening of new companies for production of medical cannabis. However, at the moment, it cannot be foreseen what would be the outcome of these initiatives.