Suddenly: Mexico’s Supreme Court legalizes individual adult cannabis use

At a historic meeting yesterday afternoon, Mexico’s Supreme Court voted to pass a general unconstitutional statement (“Statement”) prohibiting the use of marijuana by adults (leisure) under the General Health Law.

As we reported, the Supreme Court voted after the Mexican Senate failed to pass a bill regulating the use of marijuana by adults. HereIn 2018, Mexico’s Supreme Court ruled that the federal statutory prohibition of recreational cannabis is unconstitutional and ordered Congress to legalize recreational use throughout Mexico within 90 days.The deadline was extended several times, and the last extension expired April 30, 2021.

In issuing the declaration (published in the official Federal Gazette and notified to the Ministry of Health-most notably COFEPRIS, the Federal Committee for the Protection of Health Risks) and the two houses of the Mexican Congress, the Supreme Court judge has deleted the General Health Law under the Mexican legal system The wording in stipulates that any cannabis-related activities can only be used for medical or scientific purposes.

What does the statement mean to consumers?

First, activities related to the personal use of marijuana by adults are now fully legal across the country.In other words, the individual right to grow and consume cannabis without affecting third parties is now officially recognized in Mexican law, making existing Jurisprudence (Binding court precedents).

Second, COFEPRIS will continue to be the agency responsible for issuing individual adult cannabis use licenses. It has been instructed to issue guidelines to tell consumers how to purchase seeds for themselves, apply for licenses, and conduct individual adult use activities.

Third, the personal use of marijuana by adults is regarded as exercising the “right to the free development of individual personality” (for the meaning of marijuana use, see Here), in Mexico, in accordance with international practice, this is regarded as a human right.

Fourth, you still need to obtain a license to conduct personal activities related to adult cannabis use (ie, growing and consuming cannabis without permission will still constitute a crime).However, in order for COFEPRIS to process your application, you will no longer need to submit a copy protection The lawsuit says the court has ruled that it is unconstitutional to prohibit individual adult use.

Fifth, as mentioned earlier, personal adult use does not include the right to import, buy, sell or in any other way transfer ownership or distribute cannabis or THC. The license only allows the cultivation, preparation, possession and transportation of cannabis for personal (ie private) use. Any violation of this regulation will result in the revocation of the license.

Sixth, in view of our experience, COFEPRIS will either not answer the application or directly reject the application, we expect protection Action still needs to be taken to obtain individual adult licenses.

Seventh, because individual adult use is now officially recognized, individuals (or their lawyers) can force COFEPRIS to respond to the application or reject it by submitting a certificate protection Including the act of requesting the Federal Court to allow personal activities Awaiting verdict-Until now, you have to wait for the court ruling to order COFEPRIS to take action with Obtain permission to conduct any activity.

What does this declaration mean for stakeholders in the cannabis industry?

The declaration marks another step towards the comprehensive marijuana law that we expect Congress to enact earlier this year. Although the Supreme Court’s statement restricts adult cannabis use to individual consumers, these consumers will need seeds, accessories, etc. Once COFEPRIS publishes guidelines that provide a framework for personal cannabis use, industry stakeholders will be able to respond.

The Mexican Supreme Court declared it unconstitutional. For reasons of legal certainty and public health policy considerations, the Mexican Supreme Court once again put pressure on the Mexican Ministry of Health and the two houses of Congress to supervise marijuana.

In Mexico, the full legalization of cannabis cultivation and distribution is almost inevitable, and as we wrote recently, it is understandable that interested stakeholders want to be prepared when the door opens.go with Here Learn about the steps we recommend to prepare your business for that day.

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