The Supreme Court of Justice authorized the recreational use of cannabis
July 6, 2021
By the end of 2015, the Mexican Supreme Court of Justice (SCJN) concluded that prohibiting the use of cannabis for “recreational” purposes was unconstitutional. In November 2019, jurisprudence was conformed, which triggered the legislative process to regulate recreational use of cannabis.
The SCJN set a deadline for Congress to issue the corresponding legislation. However, after extending such deadlines a couple of times, the legislators failed to pass a law to regulate the recreational use of cannabis.
In a divided decision of 8 to 3 votes by the plenary of the Supreme Court, the SCJN declared the unconstitutionality of the provisions of the Health Law, which prohibited and sanctioned the production, use, and possession and of cannabis and THC for self-consumption only.
Yet, this decision does not legalize neither regulate the cannabis market. So far, any act of commercialization, planting, cultivation, harvest, possession, supply, or any other activity related to the distribution of cannabis is still sanctioned by the Federal Criminal Code.
In brief, legislative and/or regulatory and eventual litigation steps are still necessary to materialize a complete legalization scheme of cannabis for recreational use.
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Alejandro Luna F.
Alejandro Luna joined OLIVARES in 1996 and being made partner in 2005, he has been instrumental to the firm’s IP Litigation, Regulatory, and Administrative Litigation practices. He co-chairs the Life Sciences & Pharmaceutical Law industry group and coordinates the Litigation Department.
Gustavo Alcocer manages the Corporate and Commercial Law Group at OLIVARES, advising domestic and foreign businesses and the owners of those businesses on Mexican and cross-border corporate and commercial transactions.
Armando Arenas joined OLIVARES in 2000 and became a partner in January 2017. He has experience working on a range of IP matters, including consulting and litigation on trademark, patent, unfair competition, trade dress protection, and misleading advertising cases before the Mexican Institute of Industrial Property (IMPI), Federal Court of Tax and Administrative Affairs (FCTA), Federal Circuit Courts (FCC) and the Supreme Court of Justice (SCJ) Regulatory Affairs and Public Acquisitions.