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Cannabis & Hemp in Mexico

This is a quick scenario for “Los 4 pilares de Cannabis de México: industrial, medicinal, investigación y adulto”:


Adult use. In 2015 four Mexicans in cooperation with the “Sociedad Mexicana de Autoconsumo Responsable y Tolerante SMART”  (Mexican Association for Responsible and Tolerant Adult Use)  won a strategic litigation, one-of-a-kind precedent for personal use known as amparo para el uso adulto, the protection was for the four people but not for SMART; since then till nowadays there’s has been a lot of this kind of cases; the National Supreme Court of Justice declared that cannabis prohibition is unconstitutional, because it violates the human dignity and the free development of personality. Buying and selling cannabis is out of the picture. No company or anybody at all can sell or buy cannabis for adult use. The amparo holders can plant in their houses and use cannabis, if consuming doesn’t molest anybody else or there is any underage around.


Medicinal use. Also, in 2015 the first amparo for medical cannabis was for a patient underage with Lennox-Gastault syndrome “Caso Grace”; Grace´s family was the first to import CBD products in Mexico. Raul Elizalde (Grace father) implemented the same strategy with a foreign company called Hemp Meds subsidiary of Medical Marijuana Inc -first publicly traded cannabis company in the United States-  so they can start selling CBD products with low THC (.3% or less) in Mexico, all made by the foreign company involved. In 2017 COFEPRIS (Mexican FDA) published the “lineamientos” with the intention of regulating medicinal cannabis for medications, dietary supplements, herbalist techniques, and pharmaceuticals. When this “law” was shown in the media, at the press conference there were a few companies that received licenses to import cannabis-based products with low THC and selling was allowed. The same day Mexico knew about this “lineamientos” these companies received their licenses, but later the same year some jurists complain about the informality of this law cause it was never formally published on the Federal Official Journal of the Mexican Nation, so the “law” was removed and the companies filed and amparo to sustain that they have acquired the rights by an official authority, and that the decision made by COFEPRIS to hand over licenses to them was not their responsibility, so they won. Nowadays just this companies can sell foreign products of cannabis in the pharmacies, convenience stores, supermarkets, and on the internet. They could not plant or produce cannabis products with cannabis flower, just importation of the products. One of these companies is allowed to import raw material and make products based on cannabis products for sale in Mexico.


Industrial use. Mexico signed the controlled substances act of 1961 created by the UN´s International Narcotics Control Board, this norm allows industrial use (art. 28), but there is no one growing hemp. In December 2021 a foreign company Xebra Brands  bought a Mexican entity that had been three years on a strategic litigation based on the importation of hemp seeds (seeds under 1% of THC) so they can plant and make beverages for Mexicans and for exportation, they won the amparo and now they are the only company in Mexico that could legally plant hemp and sell their products. This precedent can be used by other companies, they will need the same legal process. If the international law allows countries to plant hemp, what about Mexico? We guess other companies will win other amparos and start exclusively in the industrial use.


Research. 2021 it is okey to research, protocol authorized by COFEPRIS is needed. There’s no Mexican cannabis medicine products recognized yet. TecSalud  has been working on few cannabinoids so they can manage the heart-care and this institution with the team workers had developed studies based on the relationship of cannabis and the virus corona.


Conclusions: Companies will take advantage if they follow strategic litigation (amparo) and start business contracts of cannabis and hemp matters with the government.


Thank you for reading. Feel free to publish in Cannabis de Mexico.

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