Mexico Supreme Court Of Justice Rules In Favor Of Homemade Edibles
Mexico’s Supreme Court of Justice (SCJN) issued a major decision this week, ruling that adult cannabis consumers are permitted to make cannabis-infused edibles for their own personal consumption. The ruling does not extend to making cannabis edibles for commercial purposes.
“Mexico’s Supreme Court has ruled that authorized recreational cannabis self-consumption may include the preparation of cannabis-infused foods for personal use. The decision clarifies the scope of existing cannabis regulations while maintaining restrictions on the commercialization, distribution and supply of these products to third parties.” reported Mexico Business News in its local coverage.
“By a vote of seven to two, the SCJN ultimately ordered the Federal Commission for the Protection Against Sanitary Risks (COFEPRIS) to authorize the preparation of cannabis exclusively in prepared and semi-prepared foods intended solely for personal consumption.” the outlet added. “The Court found that incorporating cannabis into food intended exclusively for personal consumption constitutes an ordinary culinary activity and does not amount to manufacturing a product subject to a specialized sanitary regime.”
In 2018, Mexico’s Supreme Court ruled that cannabis prohibition as it pertains to personal adult use was unconstitutional. It was a landmark ruling celebrated around the world at the time. The Court tasked lawmakers with passing legislation to implement its decision fully and initially gave them a one-year deadline. Lawmakers requested an extension and were granted one that expired in April 2020.
Due to the onset of the COVID pandemic, Mexico’s lawmakers requested another deadline. And then another. Unfortunately, comprehensive reform has yet to be adopted by Mexico’s lawmakers, including reforms to allow adult-use cannabis commerce.
For many decades, Mexico was a top source for unregulated cannabis, particularly cannabis smuggled into the United States. However, the rise of state-level cannabis legalization in the United States has resulted in significantly less cannabis being smuggled into the U.S. from Mexico. As of 2022, cannabis seizures along the U.S./Mexico border had dropped by 98% compared to previous decades.
National adult-use cannabis legalization measures have been adopted by lawmakers in Uruguay, Canada, Malta, Luxembourg, Germany, South Africa, and the Czech Republic. Court decisions in other countries, including in Mexico, have provided adult cannabis consumers with some protections, albeit not ones approved by national lawmakers.
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