AFTER YEARS OF WAITING IT'S TIME TO MODERNIZE REGULATION 9038 REGULATION 9038

The moment that many have longed for has arrived.

It is time to review and amend the "Regulation to manage the study, development and research of Cannabis for innovation, applicable standards and limits*, better known as Regulation 9038, incorporating the experience accumulated by our community since the approval of law 42-2017, known as the MEDICINAL Law, to the present.

For a long time, much like the colloquial expression "Christ is coming!", many were skeptical when talk arose of joining forces and applying the necessary pressure to achieve regulatory changes. However, unlike that phrase, which often seemed like a distant promise, this time the change is real and tangible, as it has been driven directly by the Governor's instructions.

Executive Order No. OE-2025-009, entitled "For the review and updating of government structures and systems, as well as for the modernization and simplification of processes, procedures, regulations and other administrative provisions*, and its subsequent amendment through Executive Order No. OE2025-023, clearly establish that all agencies must review their regulations in accordance with the provisions of Section 2.19 of the Uniform Administrative Procedure Act of the Government of Puerto Rico (Act No. 38-2017, as amended).

This law mandates that all agencies review their regulations every five (5) years to assess whether they still comply with current public policy or the legislation under which they were approved. Despite this legal mandate, regulations approved decades ago remain in effect in Puerto Rico and no longer reflect the current realities and needs of the population and, in our case, the medical cannabis industry. This underscores the urgency of their review and updating.

According to the Executive Order, the government's public policy is focused on deregulating, simplifying, and modernizing administrative processes and structures to ensure greater efficiency. Regulation 9038 should have been amended around 2021. However, with this new executive order, all agencies—without exception—must adjust their regulations, and the cannabis regulation will be no exception. It is our responsibility to act and participate in this process.

Furthermore, as a community, we must be acutely aware of our responsibility to actively participate in this process. Many of us have extensive experience, years of hard work and facing the challenges of the system since its inception. It would be a grave omission not to contribute this accumulated knowledge at such a crucial time. Collective participation is key to achieving fair, functional regulations that are aligned with the true needs of the sector.

We call on the Government to open up spaces for citizen participation during this process. To the community, change will not be achieved through social media or promotions; true change will be driven by implementing the citizen participation mechanisms granted to us by Law 38-2017.

Be aware that: "The early bird catches the worm."

Mr. Gabriel Sifre

CONSULTANT

@unamoñasinpelo