Hoban Law: Mexico Cannabis Legal Update #17 – Bill Introduced Against Sale of Paraphernalia

Hoban Law: Mexico Cannabis Legal Update #17 – Bill Introduced Against Sale of Paraphernalia

On June 10, 2020 a bill was introduced in the Mexican Congress with the intention to sanction and ban sale of illegal drugs paraphernalia (equipment, products and material to produce, consume, conceal or prepare illegal drugs). Such bill is not yet being reviewed nor scheduled to voted by the corresponding comittees but it is widely seen as a negative signal that contradicts those indicating the country’s movement towards the regulation of cannabis and other drugs.

Author: Hoban Law

Mexico Cannabis Legal Update #17: Bill Introduced Against Sale of Paraphernalia

 

The Wait Continues for COFEPRIS Guidelines

Since Mexico’s General Health Law was amended in 2017 to authorize medical and scientific cannabis use, cannabis patients and industry participants have been waiting for the secondary rules that the Federal Commission for the Protection against Sanitary Risks (COFEPRIS) should have issued within the following 180 days. Disregarding the terms set forth in such amendment, no rules have been issued except for the guidelines issued and then revoked by COFEPRIS a few months later. In August of 2019, Mexico’s Supreme Court ordered the health authorities to regulate medical cannabis market pursuant to said amendments but no new guidelines have been issued yet so the wait continues.

The disappointment has grown with hints such as public statements by the COFEPRIS Director expressing his skepticism with respect to the plant legalization. However, refreshing news arose when the in-house counsel for the Secretary of Health, Maricela Lecuona, stated that it was their intention to reactivate the regulatory process and comply with the mandate by the nation’s highest court. A note by El Economista mentioned that the draft of the rules could likely be submitted for internal legal approval before publication as soon as June 30th.

In the meantime, reports have also circulated about COFEPRIS allegedly carrying out inspection visits at establishments that manufacture, sell or merchandise CBD products, seeking to seize such products. It is indeed necessary to address the problems caused by an illicit CBD market, but it is also true that such a problem could be mitigated if proper rules were in place. This has brought criticism on the decision by COFEPRIS to allocate its limited resources during critical days of the COVID-19 pandemic to actions that actually limit patients’ or users’ access to products.

Congress Urges for Medical Cannabis Guidelines

On June 8, 2020 Congresswoman Ana L. Bernal submitted to the Senate’s permanent committee a proposal to approve a resolution urging the Secretary of Health and COFEPRIS to analyze and issue medical cannabis guidelines referred above. The draft resolution is based on the urgent need for cannabis-based medical products as well as the importance of complying with the Supreme Court’s deadline.

Proposal by Mexico City Area Leader

On June 12, 2020, the Mayor of Acapotzalco (an area within Mexico City), Vidal Llerenas, formally introduced a bill before Mexico City local Congress proposing: (i) early release of inmates incarcerated due to minor cannabis-related felonies further considering the COVID-19 pandemic in order to reduce transmission risks, and (ii) to reduce prosecution of minor cannabis-related felonies and redirect efforts to inform society about cannabis non-problematic use. This bill is intended to have jurisdiction only in Mexico City.

New

Cannabis Law Journal – Editorial Board Members

Editor – Sean Hocking

Author Bios

Canada
Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Nicaragua
Elvin Rodríguez Fabilena

USA

General
Julie Godard
Carl L Rowley -Thompson Coburn LLP

Arizona
Jerry Chesler – Chesler Consulting

California
Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Colorado
Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Florida
Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

Illinois
William Bogot – Fox Rothschild

Massachusetts
Valerio Romano, Attorney – VGR Law Firm, PC

Nevada
Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Oregon
Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Pennsylvania
Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild