Yesterday, the Mexican Supreme Court ruled several provisions unconstitutional in the General Health Law and the Federal Criminal Code, because they prohibit cultivation of ≤1% THC cannabis for non-medical or research purposes. The Court ruled that unconstitutionality derives from the provisions violating the protected freedom to work and to trade.
The ruling followed the Court’s issuance in June 2021 of a General Declaration of Unconstitutionality in relation to the General Health Law’s prohibition on individual adult (recreational) cannabis use, which legalized activities related to individual adult use of cannabis, such as growing for personal use and consumption.
In yesterday’s decision, the Court unanimously agreed that provisions prohibiting non-medical/non-research cultivation were ‘unnecessary’ and ‘disproportionate’ for activities involving products containing ≤1% THC (THC is the psychotropic component of cannabis and still largely illegal in Mexico). The Court reasoned these activities and products relate to industrial applications, which should not be deemed to affect public health and public order. The Court stated it believes it is possible to complete the commercialization process of ≤1% THC products through regulation, without having to resort to absolute prohibition.
Accordingly, the ruling allows for cannabis cultivation, as long as the plant will produce ≤1% THC concentrations, subject