Mexico's Supreme Court Authorizes Cannabis-Infused Edibles for Personal Use

Mexico's Supreme Court has recently clarified one aspect of its «non-regulation» of cannabis.

In a ruling issued on September 10, the country’s highest court held that a license for recreational use for personal purposes may include the preparation of’cannabis-infused foods, provided they are intended exclusively for the license holder.

This decision does not legalize the sale of edible cannabis products nor does it create a commercial market. Rather, it establishes a legal distinction between the home preparation of cannabis-based food for personal consumption and the manufacture of products subject to specific health regulations.

The use of cannabis in cooking is a matter of personal preference

The case stems from a request made by an individual who had applied to the Federal Commission for Protection Against Health Risks (COFEPRIS) a license to conduct activities related to the recreational personal use of cannabis and THC.

Following legal proceedings, COFEPRIS finally granted the requested authorization but prohibited the applicant from incorporating cannabis into several product categories, including prepared and semi-prepared foods.

The dispute was brought before the Supreme Court of Justice of the Nation (SCJN), which rejected this restriction with respect to everyday food products. According to the Court, the inclusion of cannabis or tetrahydrocannabinol (THC) in food intended for personal consumption constitutes a routine culinary activity. It therefore does not automatically amount to the manufacture of a product subject to specific health regulations.

The Court therefore ordered COFEPRIS to issue an authorization covering the inclusion of cannabis in prepared or semi-prepared foods intended exclusively for the license holder’s personal consumption.

According to the minutes of the plenary session, the decision was adopted by a vote of seven to two.

This ruling does not legalize the sale of edibles

The Scope of the judgment is strictly limited. A personal authorization may not be used to sell, distribute, or supply food containing cannabis to third parties, nor to offer them to the public.

The Court also upheld the restrictions on products already subject to specific health controls. These include, in particular, drugs, herbal remedies, medical devices, dietary supplements, and cosmetics, as well as vaping devices and similar products.

This distinction is therefore essential to understanding the decision: Mexico has not legalized a commercial market for edible cannabis products. Instead, the ruling recognizes that, for a person already authorized to use cannabis for recreational purposes, preparing food may be one of the activities covered by that individual authorization.

Mexico continues to refuse to legalize

The September decision marks a new stage in a legalization process that has been largely shaped by the Mexican judiciary rather than by comprehensive legislation.

The SCJN a challenged the ban for the first time the complete legalization of recreational cannabis use in 2015. Subsequent decisions have gradually established constitutional protection for personal use by adults, leading in 2021 to the repeal of provisions that prevent health authorities from granting permits for activities such as cultivation, harvesting, preparation, possession, and transportation for the purpose of recreational personal use.

Marketing and distribution, however, remained excluded from these authorizations.

Five years later, Mexico's cannabis policy still occupies an unusual legal gray area. Adults can exercise certain rights through individual authorizations, while Congress has yet to establish the comprehensive national framework necessary for a regulated market for adults.

The latest ruling therefore does not fundamentally overhaul Mexican cannabis legislation but rather clarifies what the existing concept of authorized personal use may encompass.