ARTICLE
24 November 2020

Cannabis Legislation Is Getting Closer

O
OLIVARES

Contributor

Our mission is to provide innovative solutions and highly specialized legal advice for clients facing the most complicated legal and business challenges in Mexico. OLIVARES is continuously at the forefront of new practice areas concerning copyright, litigation, regulatory, anti-counterfeiting, plant varieties, domain names, digital rights, and internet-related matters, and the firm has been responsible for precedent-setting decisions in patents, copyrights, and trademarks. Our firm is committed to developing the strongest group of legal professionals to manage the level of complexity and interdisciplinary orientation that clients require. During the first decade of the 21st century, the team successfully led efforts to reshape IP laws and change regulatory authorizations procedures in Mexico, not only through thought leadership and lobbying efforts, but the firm has also won several landmark and precedent-setting cases at the Mexican Federal and Supreme Courts levels, including in constitutional matters.
This week the Mexican Supreme Court of Justice approved a decision ordering the Ministry of Health and the Federal Commission for Protection against Sanitary Risk (COFEPRIS)...
Mexico Cannabis & Hemp
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This week the Mexican Supreme Court of Justice approved a decision ordering the Ministry of Health and the Federal Commission for Protection against Sanitary Risk (COFEPRIS) to regulate the medicinal use of cannabis.

As a result of an Amparo Suit filed by the mother of a 14 year old boy, whose cannabis medical treatment is not abatable in the country due to the lack of regulation, the Supreme Court is ordering the harmonization of the legal frame of the therapeutic use of cannabis pending since the amendments to the General Health Law and the Federal Criminal Code on 2017.

Mainly the Supreme Court orders the issuance of legislation including the corresponding guidelines concerning the chain of production, seeds obtaining and storing, harvesting, processing, transportation and commercialization and any other activity directed to the therapeutic use, scientific investigation and medical practice of the cannabis.

The decision has to be complied within 180 days once it is notified to the corresponding authorities. In this regard, the Ministry of Health and COFEPRIS have announced that they will comply with the decision.

On the other hand, recently the Commission of Justice of the Mexican Senate issued the guidelines to rule over the process of analysis of the proposals for the regulation of cannabis. Under these guidelines, the Commission of Justice aim to pursue the Commissions of Health, Legislative Studies and Public Security to incite with the corresponding arrangements to coordinate and jointly determine the activities and procedures to promptly analyze the proposals.

Mexico has been moving forward to build a legal frame for cannabis, despite the challenges that this objective has faced, these type of actions show that Mexico is still working in this matter and continues to move forward with the construction of a proper legislation for cannabis.

OLIVARES and our life sciences will closely follow these developments.

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ARTICLE
24 November 2020

Cannabis Legislation Is Getting Closer

Mexico Cannabis & Hemp

Contributor

Our mission is to provide innovative solutions and highly specialized legal advice for clients facing the most complicated legal and business challenges in Mexico. OLIVARES is continuously at the forefront of new practice areas concerning copyright, litigation, regulatory, anti-counterfeiting, plant varieties, domain names, digital rights, and internet-related matters, and the firm has been responsible for precedent-setting decisions in patents, copyrights, and trademarks. Our firm is committed to developing the strongest group of legal professionals to manage the level of complexity and interdisciplinary orientation that clients require. During the first decade of the 21st century, the team successfully led efforts to reshape IP laws and change regulatory authorizations procedures in Mexico, not only through thought leadership and lobbying efforts, but the firm has also won several landmark and precedent-setting cases at the Mexican Federal and Supreme Courts levels, including in constitutional matters.
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