In Mexico, the regulation of marijuana has been developing slowly and gradually compared to other countries, however, it is the Supreme Court who, through various Jurisprudences, has declared that the prohibition of the recreational use of marijuana threatens the free development of the personality.
This prohibition is contemplated in the General Health Law, however it is precisely the Supreme Court who in an interpretation of the articles that prohibit the recreational use of marijuana, mainly points out that said ordinance contemplates an administrative prohibition that implies a generic class of acts of consumption (any act of consumption), that is, it prevents the consumption of marijuana in any circumstance, but is intended to limit itself to discouraging certain behaviors or to establish prohibitions in more specific cases, such as driving dangerous vehicles or instruments under the influence of the substance, consume it in public places or induce third parties to also consume it. In other words, the “system of administrative prohibitions” configured by the articles that absolutely prohibit the recreational use of marijuana is highly supra-inclusive, as it regulates circumstances that are not based on the protection of the rights of third parties or public order. Consequently, it is an unnecessary measure in achieving its end.
In other words, the recreational use of marijuana is allowed as long as it does not threaten third parties.
Once the Supreme Court took that important step, on January 13, 2021 comes into force the Regulation of the General Health Law on Sanitary Control for the Production, Research and Medicinal use of the Cannabis and its Pharmacological Derivatives, here we show the most important points to take into account of this new Regulation:
- Its objective is the regulation, control, promotion and sanitary surveillance of raw materials, pharmacological derivatives and medicines of Cannabis, for production, research, manufacturing and medical purposes.
- Regulates the actions that aim to: i. primary production to supply the manufacture of medical compounds for diagnostic, preventive, therapeutic, rehabilitation and palliative care; ii Generate raw material to carry out research in Health, pharmacological, manufacture of pharmacological derivatives and medicines and iii. Produce seed.
- It defines cannabinoids, cannabis, CBD (Cannabidiol and its acid forms) and THC (Tetrahydrocannabinol and its acid form,), therefore there is already a clear distinction between each of them.
- It clearly establishes which authorities in the field of its competence will monitor the application of the Regulation and its attributions, highlighting the following: Federal Commission for the Protection Against Sanitary Risks, National Service of Health, Safety and Food Quality, National Seed Inspection and Certification Service, Tax Administration System and Ministry of Economy.
- It establishes the procedure that the interested parties must carry out before the corresponding authorities to carry out research, produce, prescribe medicines, manufacture, import and export raw materials, pharmacological derivatives and cannabis medicines and finally establishes the guidelines for advertising and marketing.
If you have as your objective any of the activities indicated in the corresponding Laws and the Regulations on the production, import, export, commercialization and/or any other related to cannabis and its compounds, do not hesitate to contact them.
Carolina Áviles
Gloria Ponce de León & Hernández
