Mexico Cannabis Update: Cancellation of COFEPRIS Guidelines

On March 26, 2019, the Federal Commissioner for the Protection of Sanitary Risks (“COFEPRIS”), Mr. Jose A. Novelo Baeza, announced the revocation of the guidelines issued on October 30, 2018 for the import and sale of products with cannabis and its derivates.

The grounds for such action were largely based on omitted legal formalities for the issuance of government guidelines for general application, such as a publication beforehand in the Federal Official Gazette (Diario Oficial de la Federacion) and a regulatory impact analysis by the Mexican Commission of Regulatory Improvement (Comision Nacional de Mejora Regulatoria). Reference was also made to the contradiction between import/export tax rules, which prohibit the importation of cannabis plants, and the now-revoked guidelines, which provided for the granting of import permits.