After being in force for only five months, COFEPRIS’ guidelines of Cannabis products have been revoked. The guidelines established the criteria for appraisal of applications for authorizations of commercialization, exportation and importation of products other than medicines containing Cannabis and its derivatives, in concentrations in less than 1% of tetrahydrocannabinol (THC).

COFEPRIS concluded that the guidelines went beyond the scope of the corresponding Health Law provisions, since they allowed other uses than medical and scientific purposes of THC, despite THC’s classification as a narcotic or psychotropic substance, as established in the law.

It appears that COFEPRIS is reviewing the files related to the permits issued since the guidelines went into force. There is still uncertainty as to what actions will be taken by COFEPRIS with respect to the authorizations that have been previously granted.

The revocation of these guidelines, while disruptive, seems to be aimed at improving the legal framework for Cannabis in Mexico, rather than acting as an obstacle for the cannabis industry.

OLIVARES partners and associates will continue to monitor the developments in this area.

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.
Daniel Sánchez

Daniel Sánchez

Partner

Daniel Sanchez joined OLIVARES in 2000 and became a partner in 2011. He is one of the leading intellectual property (IP) and administrative litigators in Mexico and is recognized by industry rankings and publications.
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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