legafy

GP&H Suite

Ciserus

legafy

GP&H Suite

Ciserus

15 Oct

Principles of the Law for the regulation of Cannabis

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Currently, the Senate of the United Mexican States, through the Commissions for Justice, Health, Legislative Studies and Public Security, is carrying out the process of ruling on the various initiatives that affect the issue of regulating the use of cannabis.

In our country, the Supreme Court of Justice determined as unconstitutional an absolute prohibition of the recreational use of cannabis, which makes imperative the existence of a regulation. Although the use of cannabis entails various modifications in current regulations (General Health Law, Federal Criminal Code, among others), it also implies the creation of new regulations for its use, resulting in the creation of the Law for the regulation of Cannabis (hereinafter the “Law”), this being one of the initiatives that is being passed for approval before the Senate.

This Law would regulate the sowing, cultivation, harvest, production, labeling, packaging, promotion, advertising, sponsorship, transportation, distribution, sale and commercialization for personal, scientific and commercial purposes, as well as the application of security measures, sanitary control and sanctions. relating to cannabis and its products.  This Law also establishes that, considering that it is a public policy and an activity related to the right to health, it will be necessary to abide by the following principles:

1. Dignified and respectful treatment of human rights

2. Accessibility

3. Affordability

4. Non-discrimination

5. Access to information

6. Protection of personal data

The law initiative expressly recognizes the human right to the free development of the personality, which implies the achievement of the life project that the human being has for himself, as an autonomous entity, therefore it supposes the recognition of the State on the natural ability of every person to be individually as they want to be, without coercion or controls by others, in order to meet the goals or objectives that have been set, as long as the exercise of the right of third parties is never affected.


It is important to mention that, on the aforementioned principles, the institutions that guarantee the right to health must govern their operation, as well as the possibility of meeting the requirements of health, sanitation, and self-determination of people, always recognizing and protecting the right to make your own decisions regarding the use of cannabis.

Melissa Sánchez

Gloria Ponce de León & Hernández

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