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The Mexican Supreme Court of Justice (Suprema Corte de Justicia de la Nación, “SCJN”) recently issued a relevant decision further defining the scope of authorizations for the recreational self-consumption of cannabis and tetrahydrocannabinol (“THC”).
The SCJN determined that these authorizations may include the preparation or incorporation of cannabis or THC into prepared or semi-prepared foods, provided that they are intended exclusively for the personal use of the authorization holder, as such preparation constitutes an ordinary culinary activity.
Importantly, the decision does not authorize the sale, distribution, supply to third parties or offering to the public of cannabis-containing foods. Moreover, the SCJN also upheld COFEPRIS’ restrictions regarding cannabis-containing products subject to specific sanitary controls, including medicinal products, herbal remedies, medical devices, food supplements, cosmetics, vaporizers and analogous devices. These products remain subject to their applicable regulatory requirements.
The decision represents a further clarification of Mexico’s recreational self-consumption framework. While it broadens the activities that may be carried out under a personal authorization, it still does not create a pathway for the commercial production or sale of cannabis-containing foods or modify the regulatory requirements applicable to products subject to sanitary control.
We will continue monitoring judicial, legislative and regulatory developments concerning cannabis in Mexico and their implications for the Life Sciences industry
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