- An international investigation identified that there is a sale of pills adulterated with fentanyl in Mexico.
- This synthetic opioid is nearly 50 times stronger and more addictive than heroin.
- According to some reports, 75% of overdose deaths in the United States are caused by opioid abuse.
A recent proposal by President Andrés Manuel López Obrador caused a strong controversy in our country. All part of the idea of restrict fentanyl from medical use. The objective, as he assured, was to put an end to the trafficking of this drug, which is growing, especially in the United States.
Increased trafficking of illegal substances
In recent years, the illegal use and sale of chemical drugs has increased considerably worldwide. This has wreaked havoc in many countries by representing complex health policy issues. Mexico is no exception, since the manufacture and trade of fentanyl and methamphetamines increased rapidlywhich has generated various problems between the Mexican and US governments.
For this reason, the Mexican authorities recently intensified the strategy to control the movement of drugs at the border. In addition to preventing its illicit manufacture and trade, not only of fentanyl itself, but also the raw materials and components used to develop it.
In this case, it is a synthetic opioid, almost 50 times stronger than heroin, which, due to its strength, addiction and low manufacturing cost in the illicit market, has become one of the most profitable substances. Legally, it can be found in various medications, which help relieve pain in patients undergoing surgical procedures or in advanced stages of cancer.
Is there a legal regulation in Mexico?
Many of the substances used to manufacture fentanyl are not subject to specific controls. The General law of health it does not classify them as narcotics or psychotropic substances, nor does it limit their importation, transport or use. They are subject to less strict controls than the products (legal or illegal) that can be manufactured with them, which are regulated by the Federal Law on Chemical Precursors, Essential Chemical Products and Machines for the Manufacture of Capsules, Tablets and Pills, as well as, the General Health Law of Mexico.
After the increase in illegal sale and pressure from the United States government, these laws were reviewed and modified to give greater power to the authorities and prevent their manufacture and trade, as well as impose stricter controls and obligations on individuals and legal entities. , who participate in processes related to this type of product.
In accordance with Alberto CamposPartner in charge of the Life Sciences practice area, of the firm Devanny Sanchez“in principle, the substance of the reforms to the law is positive, previously, it was not clear the possibility that the competent authorities carried out verification procedures with respect to these substances, and the controls on these goods were not clearly established for the legal entities dedicated to its commerce and use within Mexico”.
“However, the reforms put so many authorities in charge of the due process of verification that the scope of their powers is not clear and in many cases, the responsibilities of the authorities may overlap.”
Similarly, the obligations related to the control and traceability of these substances have become much more onerous and difficult to comply with. It should be noted that many of the products that are considered precursors and essential chemicals for the manufacture of fentanyl are also used in other industries, for example, pharmaceuticals, medical devices, cosmetics, and hygiene or cleaning products.
The adjustments to the laws were published on May 3, 2023 and entered into force the next day, so now companies face a great challenge in implementing the changes, which include new authorities in charge of the application of the law. law, such as the Secretary of the Navy, of National Defense, of Security and Citizen Protection, of the Environment and Natural Resources, the National Guard, the Financial Intelligence Unit, which belongs to the Secretary of Finance and Public Credit, the Tax Administration and the National Customs Agency of Mexico.
The reforms establish that the people who use these goods for any regulated activity must register their use in the Integral System of Chemical Substances, on a mandatory basis, and specify the location of the substance, the quantity and the type.
Also, the time to deliver the annual report was reduced from 60 working days to 60 calendar days. Likewise, organizations that carry out any process with these substances must include in their corporate purpose an express reference to the processes in which they will be used, as well as collect and verify information about the people with whom they carry out their processes.
In the same way, the customs through which the merchandise can be imported are limited, in addition, new infractions and criminal types are established, which could result in considerable fines of up to 10% of the income obtained from regulated operations and prison sentences of up to 15 years.
“What we can see is that the reforms once again impose restrictions on legally established persons, without focusing on stopping illegal activities, so these actions, in addition to generating higher logistics costs, administrative modifications, and changes in the internal structures of legal entities, as well as stricter reviews of potential risks, there will be a greater probability of corruption by the competent authorities.
For this reason, the specialist recommends that those who participate in processes that involve these products verify the specific actions and restructuring that must be implemented to avoid possible infractions and, in some cases, criminal offenses. It is also advisable to prepare files and protocols so as not to fall into acts that have economic and even criminal implications.
Also read:
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The medical dilemma of opioids: They reduce pain but cause severe addiction
Banning fentanyl for medical use in Mexico is the solution?