Mexico’s Supreme Court has pushed the boundaries of legal adult-use cannabis a little further. This time, the issue was not cultivation, possession or transport. It was cooking.
Cooking With Cannabis Can Count as “Preparation”
The Supreme Court of Justice of the Nation (SCJN) ruled that authorizations for recreational cannabis self-consumption may also cover the use of cannabis or THC in prepared or semi-prepared foods, as long as those foods are made strictly for the permit holder’s personal use. The September 10 decision hinges on a distinction that sounds simple but carries real legal weight: making cannabis-infused food for yourself at home is not the same thing as manufacturing a regulated product for sale.
7-2 Ruling
In a 7-2 ruling, the Court found that adding cannabis or THC to food intended solely for personal consumption amounts to an ordinary culinary activity. On its own, that does not make the food a specially regulated health product. As a result, the SCJN ordered Cofepris (the federal health regulator) to issue an authorization that also allows for that kind of preparation.
No Legalization of Edibles
The ruling comes with very clear limits. Cannabis-infused foods made under this framework cannot be sold, distributed, given away or offered to the public. The authorization applies only to the person who holds it. The Court also upheld Cofepris’ restrictions on products subject to specific regulatory controls, including medicines, herbal remedies, dietary supplements, cosmetics and vapes.
Rules Are Still Being Built in Court
The decision is the latest chapter in Mexico’s unusually court-driven cannabis policy. Since 2015, the Court has ruled that the absolute prohibition on recreational self-consumption was unconstitutional. In June 2021, it invalidated provisions that prevented the Health Ministry from authorizing activities related to recreational self-consumption of cannabis and THC. Congress has not yet completed a comprehensive framework for adult-use cannabis, leaving Mexico in a middle ground where the right to personal use is recognized but the rules are still filled in piece by piece.
Source:
Mexico’s Supreme Court Says Cooking With Cannabis Is Allowed—With a Personal-Use Permit — High Times (Margo Amala / Unsplash)
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