ADMINISTRATIVE AND JUDICIAL DEVELOPMENTS IN THE HEALTH CONTROL OF CANNABIS.
1. GUIDELINES FOR THE SANITARY CONTROL OF CANNABIS AND CANNABIS DERIVATIVES.
On October 30, 2018, the Federal Commission for the Protection Against Health Risks ("COFEPIRS") published on its website the Guidelines on the Sanitary Control of Cannabis and Cannabis Derivatives.
These Guidelines take up the proposals set forth in the draft Regulations of the General Health Law on Sanitary Control and Derivatives thereof, which were under review by the Federal Regulatory Improvement Commission since last year.
The purpose of the Guidelines is to establish the criteria to be used by the health authority for the evaluation and ruling of applications under the jurisdiction of COFEPRIS regarding the sanitary control of cannabis and its derivatives, for medical and scientific purposes, as well as the sanitary criteria for the commercialization, export and import of products with industrial uses with THC content lower than 1%.
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 contemplate the manufacture, marketing, export and import of cosmetic products, toiletries, food, food supplements, beverages and herbal remedies made from cannabis derivatives, such as hemp and CBD, subject to prior sanitary evaluation by COFEPRIS.
2. THE FIRST CHAMBER REITERATES THE UNCONSTITUTIONALITY OF THE ABSOLUTE PROHIBITION OF THE RECREATIONAL USE OF MARIJUANA AND INTEGRATES JURISPRUDENCE.
On October 31, the First Chamber of the Supreme Court of Justice of the Nation approved two new amparos on review, reiterating for the fifth time the unconstitutionality of the absolute prohibition of recreational marijuana consumption, which allows the integration of jurisprudence on the subject.
As on previous occasions, the First Chamber held that the fundamental right to the free development of the personality of adults must take precedence over an absolute prohibition, as long as the interests of third parties are not affected.
The integration of jurisprudence from these five cases does not generate a general declaration of unconstitutionality; however, it establishes a mandatory criterion to be followed by the federal courts with respect to the denial of requests made by individuals to COFEPRIS for the self-consumption of cannabis. The corresponding legislation to regulate this issue is therefore pending.
The Health Sciences and Regulatory attorneys at Basham, Ringe & Correa are at your disposal for any questions or comments related to this matter.
ATTENTIVELY
| Daniel Del Río | delrio@basham.com.mx |
| Rodolfo Barreda | rbarreda@basham.com.mx |
| Mr. Julio Copo | jcopo@basham.com.mx |
Mexico City, November 05, 2018
