Yesterday, the Mexican Supreme Court Several unconstitutional provisions were ruled In public health and federal criminal law, it prohibits the cultivation of cannabis with 1% THC for non-medical or research purposes. The court ruled that the unconstitutionality derives from provisions that infringe on freedom of work and protected commerce.
The ruling followed a court ruling in June 2021 of a public declaration of unconstitutionality regarding the Public Health Act’s ban on adult (recreational) cannabis use, which legalized activities related to the individual use of cannabis by adults, such as growth for personal use and consumption.
In yesterday’s decision, the court unanimously agreed that provisions banning non-medical/non-research cultivation were “unnecessary” and “disproportionate” for activities involving products containing ≤1% THC (THC is the psychoactive component of cannabis and remains illegal). largely in Mexico.). The court explained that these activities and products are related to industrial applications, which should not be considered as affecting public health and public order. The Court stated that it believed it was possible to complete the marketing of 1% THC products through regulation, without having to resort to absolute prohibition.
Accordingly, the ruling allows cannabis cultivation, as long as the plant will produce 1% concentrations of THC, subject to control, control and safety measures that will eventually be imposed by the National Commission for the Protection of Health Risks (COFEPRIS).
The importance of this ruling cannot be overstated: it opens the door to industrial hemp and hemp CBD products, not only for medicinal, cosmetic or therapeutic purposes, but also for industrial applications for which Mexico already has value chains, such as automobile parts, textiles and construction, among many other things. . It also satisfies our expectations That June’s decision to legalize marijuana use for adults may have significant effects on low THC cannabis. There is now no doubt that the court’s position has been clear and consistent regarding the cannabis industry, and yesterday’s ruling represents a second warning for lawmakers to catch up.
The judiciary is leading the campaign to legalize the Mexican cannabis industry as lawmakers slow down. Yesterday’s ruling may spur state legislatures to speed up their passage of local cannabis regulations. In fact, as we reported a few months agoSeveral state legislatures are currently considering domestic cannabis bills.
For cannabis operators planning to expand into the Mexico market, these are exciting (and fast-moving) times. If you haven’t already developed a market entry strategy, including entity formation and trademark registration, check out our post atNext steps“Now is the time.