By Marco Antonio García Euroza. Senior Patent Consultant.
New Regulation in Mexico related with cannabis
On January 12, 2021, a new regulation for the production, investigation, and use of medicinal cannabis was published in Mexico.
The document forms part of the judicial decision by Mexico’s Supreme Court of Justice on case No. 57/2019, and it comprises an effort towards improving the regulation of cannabis in Mexico.
What aspects does the new regulation for activities and products comprising cannabis?
The document is enforceable on the Mexican territory and aims to regulate the unprocessed material, active pharmaceutical ingredients, derivates, and medicaments comprising cannabis involved during manufacturing and investigational processes. Also, it sets forth obligations for the importation, importation, and exportation of these products and quality control labs and medical establishments involved in providing cannabis medicines.
What aspects does the new regulation for activities and products comprising cannabis?
The enforcing responsibility is divided into several entities from the Agriculture, Health and the Economic sectors, depending on the task:
National Service of Agrifood Health, Safety, and Quality (SENASICA): for regulating and certifying, and reducing risks associated with the unprocessed materials.
National Seed Inspection and Certification Service (SNICS): for regulating the production and commercialization of cannabis seeds.
Federal Commission for the Protection against Sanitary Risks (COFEPRIS): for regulating investigational and manufacturing activities, and medicines comprising cannabis.
Tax Administrative Service (SAT) and Secretary of Economy (SE): for verifying importation and exportation activities.
Although the regulation seems restricted to certain products and specific activities, it comprises an attempt on providing legal certainty to products and activities previously considered illicit.
Source: Reglamento de la Ley General de Salud en Materia de Control Sanitario para la Producción, Investigación y Uso Medicinal de la Cannabis y sus Derivados Farmacológicos, published on January 12, 2021, retrieved from https://www.dof.gob.mx/nota_detalle.php?codigo=5609709&fecha=12/01/2021
