In a recent article published in Mexico Business News, Raul Elizalde Garza, CEO of HempMeds, provides an exemplary overview of the legal status of marijuana in Mexico.
In a 2015 Mexican Supreme Court decision, the Court did not directly legalize the cultivation, sale or consumption of marijuana. However, the decision did recognize that the blanket prohibition of cannabis consumption infringes upon the "human right to the free development of personality". In subsequent cases from 2015 through 2018, there were consistent legal decisions that resulted in several articles within the Mexican General Health Law and Criminal Code, which had previously outlawed the recreational use of cannabis, to be declared unconstitutional.
The Mexican Supreme Court sent a clear mandate to the Mexican legislature to develop and pass comprehensive legislation to address personal and recreational marijuana use. However, to date, the Mexican legislature has not approved any such legislation.
Although personal use of marijuana is now permissible in Mexico, the government has not authorized any person or company to sell or distribute any marijuana for recreational purposes.
Despite Mexico's progressive stance on individual rights regarding cannabis, the country has yet to implement or adopt a fully regulated recreational market, which could provide potential tax revenues, job creation and the ability to control product quality and safety more effectively.
On another note, hemp, which is defined as cannabis that contains less than 1% THC, is permissible for consumption and sale, which must comply with various sanitary regulations enforced by COFEPRIS (Mexican Federal Commission for the Protection against Sanitary Risks).
We will continue to keep you updated on these matters as they develop.
Since 2015, Mexico has emerged as a leading nation in terms of cannabis regulation, particularly through its commitment to the decriminalization of marijuana. However, comprehensive legislation regulating a recreational marijuana market has not been adopted and the commercialization of marijuana for recreational purposes has not been legalized. Therefore, any commercial activity involving marijuana remains a prohibited act punishable by law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
