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Wednesday, October 5, 2022

The most important misconceptions about cannabis in Mexico, part 3

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In this multi-part series, we debunk many of the incorrect ideas, impressions, and rumors we still hear about the cannabis industry in Mexico and the path to legalization. Here part One And Part 2. Do you get something wrong about cannabis in Mexico? Read on!

Legalization is just about allowing people to grow/smoke cannabis.

Nothing could be further from the truth! Legalization is about creating an entire industry that includes everything from industrial cannabis to medical cannabis to adult use. It is meant to regulate every link in the cannabis production and distribution chains to ensure the quality and traceability of products accessible to consumers – whether for medical, industrial or adult purposes. Much of this misconception is due to media coverage that, until very recently, has associated legalization with those who advocate unfettered adult use. Adult use activists have been very vocal about their rights, but they are just a fraction of those pushing to develop an industry for both local and international participants.

Legalization will spoil the youth.

This is a misconception commonly associated with the Mexican Catholic Church, which may still exert a strong influence in a predominantly Roman Catholic country. However, some media have manipulated the Church’s position. The Church never said that legalization would corrupt the youth. The church is not even against legalization as a whole, but against legalizing adult use without discussion that includes views from across the spectrum of society. The Church argues that the lack of broad public debate has prioritized the interests of a few stakeholders over public health and safety issues, and that placing limits on the production, distribution, marketing, and consumption of a plant that “health professionals and … consumers” certify that its use, in any quantity and presentation, reduces Too much control over one’s actions, and to put the consumer at serious risk to himself and others” does not address the real problem. The church believes that the problem is “the effects on families, by young people who use drugs, that they also do not contribute to preventing and reducing exposure to drugs.” As a result, the church urges both the government and church members throughout Mexico not to support legalization without campaigning on addiction and the consequences of drug consumption on human health. The Church also urged all stakeholders (especially young people) to educate themselves and take responsible action, to avoid “the drift due to the tolerance raised by these rules that allow the sedation of citizens”.

One of the tasks of the National Anti-Addiction Committee to be created under the upcoming cannabis law is to monitor the effects of legalization, while creating and supporting education and health promotion policies. Education will help people understand that legalization will not only provide important healthcare support, but will also boost the Mexican economy.

Only companies can apply for permits/licenses.

incorrect. Both individuals and legal entities can apply for cannabis permits/licenses and there is no legal requirement to work through intermediaries. The real problem here is that permits/licenses are not transferable, so if you want to sell your cannabis business for any reason, you won’t be able to do so unless the license holder is a business, which can be sold with the license. Companies are advised to set up a Mexican entity that can apply for licenses; The requirements for the application of various cannabis permits / licenses, especially for medical use, are applicable / can best be met by entities established under Mexican law.

Now that medical regulations are official, I can smoke marijuana, make or consume food, or use any kind of ointment or nutritional supplement.

Growing and smoking marijuana for single use for adults is really legal thanks to the Supreme Court’s declaration of unconstitutionality, but you still have to apply for amparo Take action to obtain permits to exercise those rights. The medical regulations have not changed anything in this regard. For foods, ointments, supplements, etc., there is no cannabis product that fails to qualify as a drug (Medicine) as defined in the Public Health Act can be imported into Mexico. At this point, under medical regulations, e-cigarettes or anything that involves smoking cannabis cannot be imported into Mexico either, and we don’t expect cannabis law to regulate otherwise. The only exception is devices that allow smoking / inhalation for medical use. The Cannabis Act will also regulate the manufacture, sale (and thus consumption) of food and beverages containing CBD/THC content, but we do not expect to legalize those containing THC. According to the transitional provisions in the Cannabis Bill, the ban on food items containing THC may be lifted within three years, once more studies are conducted on its effect on human health, but as with many other things we will have to wait Law enforcement (and the existence of those studies) to make sure.

The Mexican Patent and Trademark Office IMPI refuses to register trademarks for cannabis.

There is no absolute ban on cannabis trademark registration in Mexico. The legal prohibition was not to grant any trademark “when its content or form would contravene public order or contravene any legal provision”. Now that medical regulations have come into effect and a public declaration of unconstitutionality has been made allowing adult individuals to use cannabis, we believe prohibition has lost much of its power. True, very few cannabis trademark registrations have been granted so far, but this is more a result of companies abandoning their applications due to general issues or similarities, as well as the COVID pandemic slowing down government response times. We expect some examiners will continue to pay extra attention to cannabis brands, but now that cannabis is fully legal for medical use, if/when full legalization becomes a reality, it will be easier to oppose any objections to the application. There will be a significant increase in trademark registrations granted to cannabis companies at that point.

In upcoming posts, we’ll continue to debunk the misconceptions that keep spreading as the legalization process nears its end. We also firmly believe that now is the time to prepare to launch or expand the cannabis business in Mexico. When the cannabis law is finally enacted, you’ll want to be ready to go. To learn more, we also encourage you to follow us on our next webinar or contact us at [email protected] or [email protected]!

Grow guide for marijuana beginners.
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