Mexico: General Declaration of Unconstitutionality of Cannabis

On June 28, 2021, the Supreme Court of Justice of the Nation (the «SCJN») approved the General Declaration of Unconstitutionality («DGI») by means of which the applicability of Articles 235 (last paragraph), 237, 245 (section I), 247 (last paragraph), and 248 of the General Health Law was declared as unconstitutional in its normative portions that establish a prohibition for the Ministry of Health to issue authorizations to carry out activities related to the self-consumption for recreational purposes of the narcotic drug «cannabis».


What does this mean?

As of today, any activity related to the personal consumption of cannabis in Mexico will no longer be unconstitutional. Therefore, the Federal Commission for the Protection against Sanitary Risks («COFEPRIS») will no longer have any legal basis or justification by subjective criteria to prohibit permits for the self-consumption of cannabis.

This does not mean that all permits will be granted, however, it means that with a correct legal strategy and a well-structured application there is a good opportunity that such an application will be authorized.

Conclusions

1. The DGI does not refer to the free consumption of cannabis as of today. For this, it is necessary to apply for and obtain a permit granted by COFEPRIS, which will be subject to certain restrictions.

2. The DGI is strictly related to recreational consumption as a manifestation of the protection of the human right to the development of the personality of the individual, in accordance with the Mexican Constitution and previous jurisprudence issued by the SCJN.

3. The DGI does not approve of consumers making use of the illicit cannabis market in Mexico.

For further information in connection with this matter, please contact the partner in charge of your matters or one of the attorneys mentioned as follows:

Mexico City Office

Mr. Alejandro Luna A. (Partner)

Tel.:+52 55 5279.5400

Monterrey Office

Mr. César Cruz A. (Partner)

Tel.:+52 81 8133.6000

Queretaro Office

Mr. José Ramón Ayala A. (Partner)

Tel.:+52 442 290.0290