Mexico Supreme Court allows cannabis in food for personal use

The Supreme Court of Justice of the Nation (SCJN) in Mexico has ruled that authorizations for recreational cannabis use may include the preparation of prepared or semi-prepared foods. The court determined that incorporating cannabis or THC into food for personal use constitutes an ordinary culinary activity rather than the industrial or pharmaceutical manufacturing of products subject to specialized sanitary regimes.

This ruling, which passed with a 7-2 vote, specifically addresses the rights of individuals who already hold formal authorization from the Federal Commission for Protection against Sanitary Risks (Cofepris). The decision clarifies that while individuals can prepare cannabis-infused foods at home, the permission is strictly limited to private self-consumption. The court maintained a firm prohibition on the sale, distribution, supply, or commercialization of these foods to third parties.

While the ruling expands the scope of personal use, it upholds Cofepris's authority to regulate and restrict the use of cannabis in products requiring specific sanitary controls, such as medicines, herbal remedies, medical devices, dietary supplements, cosmetics, and vapes. The decision follows a judicial trajectory initiated in 2015 and expanded in 2021 to eliminate the absolute prohibition of recreational cannabis consumption in the country.