MEXICO CANNABIS LEGAL UPDATE #23 TIME FOR A REALITY CHECK

MEXICO CANNABIS LEGAL UPDATE #23 TIME FOR A REALITY CHECK
CANNANNEW REPORT

MEXICO CANNABIS LEGAL UPDATE #23 TIME FOR A REALITY CHECK June 10, 2022 Over a year ago, we reported on a General Declaration of Unconstitutionality (Declaratoria General deInconstitucionalidad; “DGI“) issued by the Mexican Supreme Court of Justice (the “SCJN“) due to the failure by our Legislative Branch to regulate in accordance with the SCJN’s jurisprudence published on 2018. In theory, the main effect of the DGI is the elimination of the absolute prohibition of cannabis recreational use, which will now be allowed provided a permit is obtained from the Federal Commission for the Protection against Sanitary Risks (Comisión Federal para la Protección contra Riesgos Sanitarios; “COFEPRIS“). In practice, COFEPRIS has been omissive in responding to the filings for such permits as such agency continues to struggle with underfunding, overload of work and, in some instances, corruption. It is worth remembering that the DGI does not regulate or establish the basis for a legal commerce in Mexico and that cultivation, transportation or storage of cannabis for purposes other than pharmaceutical or medical use are still penalized by our Federal Criminal Code. Over the last year, however, additional developments have taken place not with the transcendence we had hoped for, but indeed signaling that the legalization movement is moving slowly but surely: 1.- Amparo Granted for Industrial Hemp Production. On December 1, 2021, the SCJN granted an amparo (an injunction-like resolution issued to protect against violations to a private person’s fundamental rights) to a company that had requested from COFEPRIS an authorization to cultivate and produce industrial hemp. COFEPRIS denied the petition based on current limitations set by the Mexican Health Law. However, the Nation’s Highest Court ruled that the prohibitions were unwarranted and that industrial hemp (i.e. not to exceed the 1% THC limit) cultivation could be carried out provided the right “monitoring, control and security conditions” are…

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