Medical use of marijuana enters into force; regulations of the General Health Law are published in the DOF

This Tuesday, the regulation of the General Health Law for the production, research and medicinal use of marijuana and its derivatives was published in the DOF.

Three years late, the Ministry of Health and the Federal Executive published in the Official Gazette of the Federation (DOF) the regulations of the General Health Law in matters of sanitary control for production, research and medicinal use of cannabis and its pharmacological derivatives.

With the above, the industry in the matter can operate legally.

In accordance with article 2 of the regulation, the regulated actions are: primary production to supply, generate raw material to carry out research, produce seed, pharmacological research, manufacture of pharmacological derivatives and medicines and the training of doctors for the realization of diagnoses, preventive, therapeutic, rehabilitation and palliative care.

Also read: Cannabis. Lack of rules exposes patients

Delays in publication of the regulation

On June 27, 2017, Julio Sánchez y Tépoz, then head of the Federal Commission for the Protection against Sanitary Risks (Cofepris), announced that on December 16 of that year the Mexican market would open to the commercialization of marijuana-based products, which would make it possible for drugs of this type to be sold in pharmacies and thus there would be more access and lower prices.

With a delay of more than 10 months, the regulator released, on October 30, 2018, a series of guidelines in which it established that the elaboration, preparation, conditioning, acquisition, possession, trade, transportation in any form, supply, The use, use and consumption of cannabis would be carried out only for medical-scientific research purposes, while the planting, cultivation and harvesting could only be done for medical purposes, but this was never published in the DOF.

In March 2019, three months after Andrés Manuel López Obrador assumed his position as President, Cofepris revoked these guidelines “for having exceeded its purpose by authorizing the commercialization of various products with derivatives of cannabis for uses other than medical and scientific.”

The issue was forgotten until August 14, 2019, after a mother requested an amparo to import a drug with THC, the Supreme Court of Justice of the Nation (SCJN) ordered the Ministry of Health to issue a regulation that allows the medicinal use of cannabis.

Said ordinance established that the agency headed Jorge Alcocer Varela It had a deadline of January 20, 2020 to publish the regulations, but it was not.

Ten months after the deadline, in November of last year, the Ministry of Health announced the draft regulation for the Production, Research and Medicinal Use of Cannabis, which was finally published in the DOF this Tuesday and will take effect one day after its publication.

While still the discussion is pending in the Congress of the Union on the recreational use of marijuana by resolution of the Supreme Court of Justice of the Nation. The reform passed a first endorsement in the Senate of the Republica, but its analysis is still pending in the Chamber of Deputies after being postponed to the next regular period beginning in February.

Also read: López-Gatell could promote medicinal use of marijuana



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