The absolute prohibition to carry out activities related to the recreational self-exposure of Marijuana is invalidated
In order to protect the right to the free development of personality, the Supreme Court of Justice of the Nation (the "SCJN") nullified the absolute prohibition contained in the General Health Law, to carry out activities related to the recreational or self-consumption of Cannabis.
This declaration allows the Ministry of Health, through the Federal Commission for the Protection against Sanitary Risks ("COFEPRIS"), to authorize activities such as planting, cultivating, harvesting, preparing, possessing, and transporting Cannabis, in the understanding that the importation, commercialization, supply and sale of such substance is prohibited. Having said the above, COFEPRIS is empowered to establish the guidelines for the acquisition of the seed.
Likewise, the SCJN urged the Congress to legislate with respect to the recreational self-consumption of Cannabis, to generate the necessary conditions for this right to be exercised in a responsible manner, guaranteeing the free development of the personality of consumers, and respecting the rights of third parties.
Said authorization must be issued only for adult consumption and respecting the rights of third parties, therefore the substance may not be consumed in front of minors, in public places, without the consent of third parties present, driving a car, operating any type of dangerous machinery, or performing any other activity that puts third parties at risk.
If you have questions or require additional information regarding this communication, please contact info@rapa.mx.