On December 13, 2016, the Mexican Senate approved a proposal submitted by Mexican President, Enrique Peña Nieto, to authorize cannabis for medicinal use. The Bill, introduced on April 21, 2016, sought to legalize cannabis for personal use, including investigational activities, as well as to grant marketing authorizations for medicines in which the active ingredient is tetrahydrocannabinol (THC). The legislation would require some modifications to the General Health Law and the Federal Criminal Code in order to become law.

The Bill is still pending approval by the lower chamber of the Mexican Congress, but considering the judicial precedents handed down recently by the Mexican Supreme Court of Justice (SCJ) and other Federal Courts, there is a strong probability that the lower chamber will approve the Bill as well.

Olivares is handling several cases in which the firm is contesting COFEPRIS's refusal to grant marketing authorization for pharmaceutical products containing cannabis and other narcotics as active ingredients.


While the Senate's approval is a significant step, we are only half way through the process of having cannabis authorized for medical use in Mexico.

Partners and Associates of our firm will continue to follow developments on this Bill.

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.

ASSOCIATES

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