ADMINISTRATIVE AND JUDICIAL NEWS WITH RELATION TO THE SANITARY CONTROL OF CANNABIS.
1.GUIDELINES REGARDING SANITARY CONTROL OF THE CANNABIS AND DERIVATIVES OF THE CANNABIS.
On October 30, 2018, the Federal Commission for the Protection Against Sanitary Risks («COFEPRIS») published on its website the Guidelines on Health Control of Cannabis and its Derivatives.
These Guidelines replicate most of the proposals established in the draft Regulation of the General Health Law on Health Control and its Derivatives, which was under review by the Federal Commission for Regulatory Improvement since last year.
The Guidelines are intended to establish the criteria to be used by the health authority for the evaluation and opinion of requests that for sanitary control of cannabis and its derivatives, for medical and scientific purposes, as well as sanitary criteria for marketing, export and import of products with industrial uses with THC content lower than 1%, for which COFEPRIS is competent
With respect to research for medical and scientific purposes, among other requirements, interested companies must register in the National Inventory of Cannabis Research and have a Research Protocol authorized by COFEPRIS.
In relation to industrial products, the Guidelines include the manufacture, marketing, export and import of cosmetic products, cleaning products, food, food supplements, beverages and herbal remedies from cannabis derivatives, such as hemp and CBD, that have been previously evaluated by COFEPRIS.
2.FIRST CHAMBER OF THE SUPREME COURT RULES ON THE UNCONSTITUTIONALITY OF THE ABSOLUTE PROHIBITION OF CONSUMPTION OF MARIJUANA AND INTEGRATES JURISPRUDENCE.
On October 31, the First Chamber of the Supreme Court of Justice of the Nation approved two new “amparos” (constitutional actions) in review, reiterating for the fifth time the unconstitutionality of the absolute prohibition of the recreational use of marijuana, which allows integrating jurisprudence on the topic.
As on previous occasions, the First Chamber held that the fundamental right to the free development of the personality of persons of legal age must prevail over an absolute prohibition; as long as no third-party interests are affected.
The integration of jurisprudence from these five cases does not generate a general declaration of unconstitutionality; nevertheless, it establishes a mandatory criterion to be followed by the federal courts regarding the refusal of the requests made by individuals to COFEPRIS for the self-consumption of cannabis. The corresponding legislation to regulate this issue is therefore pending as of today.
We hope you find this information useful. The Lawyers of our Life Sciences and Regulatory practice are ready to answer any questions that may arise in relation to this matter.
|Daniel Del Rio
Mexico City, November 5th, 2018