A new Law Proposal to regulate cannabis for industrial use, including some amendments to the General Health Law and the Federal Criminal Code

August 13, 2019

After the amendments to the General Health Law and Criminal Code to remove the prohibitionist system on the use of cannabis for medical and scientific purposes, Mexico is still yet to approve specific regulations concerning cannabis uses.

Recently, Mexico’s Senate published in its official Gazette, a proposal to modify several provisions of the General Health Law and the Federal Criminal Code. In the same proposal, there is also a draft for a new law to regulate cannabis.

In summary, the proposal aims to prompt a hemp and cannabis industry in Mexico through the following amendments to the General Health Law and the Federal Criminal Code:

The General Health Law would define the difference between psychoactive and non-psychoactive cannabis;
The Ministry of Agriculture, Livestock and Rural Development, Fisheries and Food of Mexico and the Ministry of Health would be in charge of the control over cannabis;
The sanctions for harvesting would be removed from the Criminal Code.

The draft for a new law to regulate cannabis makes reference to self-consumption and recreational use, medical, scientific and therapeutic use and industrial use. In addition, the proposal includes provisions aimed to regulate plantation, harvesting, production labeling, distribution and advertising.

This proposal offers more detailed and specific provisions within the main laws to continue building the corresponding legal framework for the control of cannabis and includes further legislation. Currently, besides this proposal, there are several bills of law and proposals to amend the current legislation pending discussion and eventual approval by the legislative bodies.

OLIVARES will closely follow developments on the bill as they are presented. We will stay appraised of any modifications to the proposal or suggestions that may be submitted during the legislative approval process.