Another judicial precedent toward the liberalization of cannabis

Another judicial precedent toward the liberalization of cannabis

December, 2021

On December 1, 2021, the First Chamber of the Supreme Court of Justice of the Nation (SCJN) issued a ruling authorizing a company, on an individual basis, to sow, cultivate, and harvest hemp with a concentration equal to or less than 1% of Tetrahydrocannabinol or THC, for the manufacture of products with broad industrial use.

This is a ruling consistent with the SCJN's position of liberalizing the various uses of cannabis. However, it appears that the sowing, cultivation, and harvesting of hemp for industrial use may only be carried out under the monitoring, control, and safety guidelines that the Federal Commission for the Protection against Sanitary Risks (COFEPRIS) may issue in the future. Until the full and official text of the ruling is known, it will be possible to assess whether it has an immediate effect or whether COFEPRIS could, de facto, undermine its effectiveness by failing to issue the guidelines to which the SCJN refers. Nevertheless, this ruling may serve as an additional incentive for the Congress of the Union to finally approve, during the current ordinary session period, a new law that comprehensively and effectively regulates the various uses of cannabis, including industrial use. For some years now, the Congress of the Union has assumed the commitment to issue a law regulating the uses of cannabis, which has not materialized due to the lack of consensus among various key actors and sectors. If you would like to learn more about the topic, please do not hesitate to contact our experts: Luis Miguel Jiménez, Partner: +52 (55) 5258-1058 | lmjimenez@vwys.com.mx Pablo Fautsch, Counsel: +52 (55) 5258-1077 | pfautsch@vwys.com.mx Miguel Concha, Associate: +52 (55) 5258 1058 | mconcha@vwys.com.mx

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