Recently, the Ministry of Health send to the Federal Regulatory Improvement Commission (CONAMER) the Preliminary Draft of the “Regulation on health control for the production, research and medicinal use of cannabis and its pharmacological derivatives", [1] as it was ordered by the Mexican Supreme Court in the Amparo Suit Review Recourse 57/2019, so that Ministry would comply with their duty to create the rules for the use of medicines with cannabis.  

This Preliminary Draft has as its objective the regulation, control, promotion and sanitary surveillance of raw materials, molecular complexes, pharmacological derivatives and medicines for the production, research and medicinal use of cannabis and its pharmacological derivatives, and includes provisions regarding the import, export, advertising and marketing of cannabis and its pharmacological derivatives.

CONAMER is currently reviewing and receiving comments and observations, so it may still be modified. The review process should be done within 10 working days, thus, the deadline expires on August 10, 2020. Following this stage and once the project approved, the regulations will be published in the Federal Official Gazette and will enter into force the following day.

It is worth highlighting that the Ministry of Health announced that the deadline to comply with the Supreme Court´s decision 57/2019 to issue this regulations would be expiring approximately in September 9, 2020. [2]

OLIVARES is analyzing this document and will continue follow up on the review and approval process of these regulations.

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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