Mexico’s Supreme Court allows home preparation of cannabis edibles
Mexico’s Supreme Court has allowed people with official authorization for recreational personal cannabis use to prepare marijuana- or THC-infused edibles at home for their own consumption. These include gummy candies, cookies and brownies, but selling, distributing or giving such products to other people, including friends, is prohibited.
As Mexico News Daily reports, Mexico’s Supreme Court made the decision by seven votes to two. The court ordered the Federal Commission for Protection against Sanitary Risks, Cofepris, to issue permits allowing the preparation of such foods exclusively for the permit holder’s personal consumption.
Preparation was not equated with manufacturing
The court concluded that adding marijuana or THC to finished or semi-finished food products for personal use constitutes ordinary food preparation rather than the manufacture of a product subject to specialized sanitary control.
The case was considered after Cofepris granted the applicant authorization for recreational personal cannabis use but separately prohibited the preparation of cannabis-infused foods. The Supreme Court found this restriction unlawful provided that the food is intended solely for the applicant and ordered an updated permit to be issued.
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Commercial circulation remains prohibited
The ruling does not create a legal market for cannabis edibles. The permit does not allow sales, retail trade, supply or distribution of products to third parties. Cofepris also stressed that court rulings do not recognize a right to commercialize, sell, distribute or import cannabis.
The ruling does not concern the use of cannabis in medicines, herbal preparations, cosmetics, vaping products, dietary supplements or other goods subject to specialized sanitary requirements.
In 2021, Mexico’s Supreme Court struck down provisions of the General Health Law that established an absolute administrative ban on recreational personal use of cannabis and THC. This allowed people to plant, grow, harvest, prepare, possess and transport cannabis for personal recreational use, but did not introduce full legalization or a regulated commercial market. Cannabis may not be used in the presence of minors or in public places where people are present without their consent; driving vehicles or operating dangerous machinery under its influence is also prohibited.
