Cannabis Update

As mentioned in our last Cannabis Update dated November 20, 2020, finally on January 12, 2021, Mexico issued the Regulations to the General Health Law regarding the Sanitary Control for the Production, Research and Medical Use of Cannabis and its derivatives (the “Regulations”). The General Health Law was amended in June 2017 precisely to regulate the medical use of Cannabis but, so far, no secondary legislation was implemented despite the Supreme Court resolution issued on August 2019.

The Regulations establish specific rules for the research; production; medical purposes; manufacture and destruction of raw material, pharmacology derivatives and Cannabis-based medicines. Quality and manufacture controls will be guaranteed as holders of a sanitary registry must have as well a quality control laboratory, duly authorized by the Federal Commission for the Protection against Sanitary Risks (“Cofepris”).

Raw material, pharmacology derivatives and Cannabis-based medicines can be imported into Mexico. Only pharmacology derivatives and Cannabis-based medicines may be exported to other countries. Sowing, cultivation and harvest of Cannabis must be done in restricted areas with special authorizations.

Besides granting legal certainty to the medical Cannabis industry, the Regulations will also clarify the current situation of those permits granted under the Guidelines issued by Cofepris on October 30, 2018 but revoked later by the current administration on March 27, 2019.

The Regulations, in no manner whatsoever, interfere with the Federal Law for the Regulation of Cannabis which awaits approval by the Lower Chamber of the Mexican Congress and will regulate adult use cannabis and hemp industry.

For further information please contact:

Juan Daniel Rodriguez drodriguez@rrsc.com.mx

Ana Laura Gurria agurria@rrsc.com.mx