In our last post, as well as in our Mexico cannabis webinar last month (replay here), we examined the implications, business opportunities and requirements to take advantage of the Medical Regulations that recently entered into force in Mexico.
Yes, medical cannabis is now fully legal in Mexico. However, that does not mean that you are able to do all that is allowed under the Medical Regulations. “Does that mean that there are areas in medical cannabis that are closed to my company?” No, it does NOT. It just means that some areas will be open sooner than others.
For starters, it is important that applicants–particularly foreign investors–keep in mind the difference between publication, entry into force and full implementation of any statute. The Medical Regulations are no exception. Under Mexican Law, every statute contains a final section, of a purely operational character, called Transition Provisions (“Artículos Transitorios”), which provides for:
when the statute is going to enter into force whether conflicting related laws or regulations are to be harmonized or repealed, and items of a transitional nature, such as phased implementation of specific provisions.
In the case of the Medical Regulations, Transition Provisions provide for the phased implementation of specific sections–