After the amendments to the General Health Law and Criminal Code to remove the prohibitionist system on the use of cannabis for medical and scientific purposes, Mexico is still yet to approve specific regulations concerning cannabis uses.

Recently, Mexico’s Senate published in its official Gazette, a proposal to modify several provisions of the General Health Law and the Federal Criminal Code. In the same proposal, there is also a draft for a new law to regulate cannabis.

In summary, the proposal aims to prompt a hemp and cannabis industry in Mexico through the following amendments to the General Health Law and the Federal Criminal Code:

  • The General Health Law would define the difference between psychoactive and non-psychoactive cannabis;
  • The Ministry of Agriculture, Livestock and Rural Development, Fisheries and Food of Mexico and the Ministry of Health would be in charge of the control over cannabis;
  • The sanctions for harvesting would be removed from the Criminal Code.

The draft for a new law to regulate cannabis makes reference to self-consumption and recreational use, medical, scientific and therapeutic use and industrial use. In addition, the proposal includes provisions aimed to regulate plantation, harvesting, production labeling, distribution and advertising.

This proposal offers more detailed and specific provisions within the main laws to continue building the corresponding legal framework for the control of cannabis and includes further legislation. Currently, besides this proposal, there are several bills of law and proposals to amend the current legislation pending discussion and eventual approval by the legislative bodies.

OLIVARES will closely follow developments on the bill as they are presented. We will stay appraised of any modifications to the proposal or suggestions that may be submitted during the legislative approval process.

FOR FURTHER INFORMATION ON THE CONTENT OF THIS NEWSLETTER, PLEASE CONTACT:

Alejandro Luna Fandiño

Alejandro Luna Fandiño

Partner

Alejandro Luna joined OLIVARES in 1996 and being made partner in 2005, he has been instrumental to the firm´s IP Litigation, Regulatory and Administrative Litigation practices. He co-chairs the Life Sciences & Pharmaceutical Law industry group and coordinates the Litigation Department.
Armando Arenas

Armando Arenas

Partner

Armando Arenas joined OLIVARES in 2000 and became a partner in January 2017. He has experience working on a range of IP matters, including consulting and litigation on trademark, patent, unfair competition, trade dress protection, and misleading advertising cases before the Mexican Institute of Industrial Property (IMPI), Federal Court of Tax and Administrative Affairs (FCTA), Federal Circuit Courts (FCC) and the Supreme Court of Justice (SCJ) Regulatory Affairs and Public Acquisitions.
Gustavo A. Alcocer

Gustavo A. Alcocer

Partner

Gustavo Alcocer manages the Corporate and Commercial Law Group at OLIVARES, advising domestic and foreign businesses and the owners of those businesses on Mexican and cross-border corporate and commercial transactions.

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