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

FOR FURTHER INFORMATION ON THE CONTENT OF THIS NEWSLETTER, PLEASE CONTACT:

Alejandro Luna Fandiño

Alejandro Luna Fandiño

Partner

Alejandro Luna joined OLIVARES in 1996 and being made partner in 2005, he has been instrumental to the firm´s IP Litigation, Regulatory and Administrative Litigation practices. He co-chairs the Life Sciences & Pharmaceutical Law industry group and coordinates the Litigation Department
Armando Arenas

Armando Arenas

Partner

Armando Arenas joined OLIVARES in 2000 and became a partner in January 2017. He has experience working on a range of IP matters, including consulting and litigation on trademark, patent, unfair competition, trade dress protection, and misleading advertising cases before the Mexican Institute of Industrial Property (IMPI), Federal Court of Tax and Administrative Affairs (FCTA), Federal Circuit Courts (FCC) and the Supreme Court of Justice (SCJ) Regulatory Affairs and Public Acquisitions.
Gustavo A. Alcocer

Gustavo A. Alcocer

Partner

Gustavo Alcocer manages the Corporate and Commercial Law Group at OLIVARES, advising domestic and foreign businesses and the owners of those businesses on Mexican and cross-border corporate and commercial transactions.

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