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Cannabis legalization in Mexico? Not so fast

As discussed in our previous post, Mexican lawmakers had until the end of October to issue regulations on cannabis. Nonetheless, and even though a preliminary draft bill for cannabis legalization was recently introduced in the Congress, the Mexican Senate now believes that additional time will be needed to reach an agreement on how cannabis should be regulated. On October 28, 2019, three days prior to the deadline, the Mexican Senate requested an extension from the Mexican Supreme Court of Justice. The extension was granted through an Accord dated October 31, 2019. Pursuant to the Accord, published on the Supreme Court’s website, the President of the Senate’s Board, Mrs. Mónica Fernández Balboa, requested the extension in order to bring together the views of various sectors of society (medical, academic, agricultural and business sectors) and generate an agreed regulation on cannabis. This request was reviewed immediately by the Supreme Court which, “on an exceptional basis, as a special one-time event, considering the complexity…

Countdown to Cannabis Legalization: Mexican Senate Introduces Cannabis Law Bill

Our prior post discussed the rapidly evolving cannabis regulatory environment in Mexico.  As the Supreme Court-ordered deadline for lawmakers to end cannabis prohibition approaches, Senators raced against the clock and unveiled last week a preliminary draft bill of a law that would regulate nearly the entire cannabis industry. The preliminary draft bill, titled the “Law for Cannabis Regulation”, comprises 74 articles and 11 transitory provisions that integrate various legislative proposals, including the prior leading bill from Mrs. Olga Sánchez Cordero (former Senator and Judge, and current Minister of Interior). Among other things, the Law for Cannabis Regulation: Allows (i) recreational, (ii) scientific, (iii) medical and therapeutic, and (iv) industrial uses of cannabis; Provides that farmers, growers and vulnerable communities are given priority on the issuance of licenses and authorizations and access to financing from development banks; and Sets a growing limit of up to four cannabis plants, on private property, for adults 18-years or older who can join “consumption associations” (civil…

Cannabis Law in Mexico: Where is it Going?

Cannabis legalization is proceeding in Mexico after several years of no action. In 2017, Mexico published an amendment to its General Health Law that allowed THC use for medical purposes and ordered the government to implement secondary regulations to support the new law. At first, nothing happened. However, in August 2019, the Supreme Court of Justice in Mexico granted an amparo (constitutional) injunction to an underage child suffering from West syndrome, a condition that required CBD and THC dosing as part of his medical treatment. The Court determined that the child´s right to health services was violated because the Ministry of Health’s delay in issuing the secondary regulations that guaranteed child access to the therapeutic use of Cannabis. The injunction represented a watershed moment for cannabis legalization in Mexico. In addition to the humanitarian benefit of ensuring the child’s access to his medical treatment, the Court ordered the Ministry of Health to issue regulations regarding the therapeutic use of cannabis and…

Status of Cannabis Legalization in Mexico

Two recent rulings by the Supreme Court of Justice of Mexico (“SCJN”) represent a significant milestone in legal cannabis consumption in Mexico. On October 31, 2018, the First Courtroom of the SCJN, under Minister Norma Lucía Piña Hernández, approved the Amparos en Revisión No. 547/2018 and 548/2018, which declared that the prohibition on recreational cannabis was unconstitutional. These two rulings are binding precedent, which all courts in Mexico must follow when ruling in similar cases. The rulings are ad personam, meaning that individuals seeking a judicial declaration related to cannabis must initiate an action in a competent court to obtain “authorization to consume.” In the same rulings, the SCJN also instructed the COFEPRIS (Federal Commission for the Protection against Sanitary Risk) to authorize the consumption of cannabis, but not the commercialization or consumption of other substances. In response to the rulings, however, the COFEPRIS announced its own position, stating that it lacks the authority to issue the necessary permits and regulations.…