SCJN Allows Cannabis-Infused Foods for Personal Consumption

Mexico’s Supreme Court ruled that authorized recreational cannabis self-consumption may include preparing cannabis-infused foods exclusively for personal use, while maintaining restrictions on their sale, distribution and supply to third parties. The decision clarifies Mexico’s cannabis regulatory framework and affects consumers, COFEPRIS, food producers and other stakeholders by defining the sanitary scope of personal cannabis use without creating a commercial market for edible cannabis.

Mexico’s Supreme Court has ruled that authorized recreational cannabis self-consumption may include the preparation of cannabis-infused foods for personal use. The decision clarifies the scope of existing cannabis regulations while maintaining restrictions on the commercialization, distribution and supply of these products to third parties.

During the Plenary session, the justices presented their considerations on the scope of sanitary regulations. “We are not currently debating whether the prohibition that existed in the General Health Law before this declaration was correct or not. What we are specifically deciding is an appeal concerning food prepared with cannabis,” said Justice Lenia Batres.

Justice Arístides Rodrigo Guerrero emphasized that the ruling protects the individual sphere of the person who requested the authorization. “The preparation of cannabis in food cannot be prohibited when it is exclusively for personal consumption. And this must be made very clear: this does not mean allowing its commercialization, distribution or supply to third parties. It only protects the decision of an adult within their own personal sphere,” he said.

Meanwhile, Justice Yasmín Esquivel, opposed the ruling, arguing that it could pose a health risk to consumers even when the products are intended for personal consumption. “The lack of monitoring and follow-up by the authority would represent a danger for consumers of these foods, which could include people other than the authorized person and even minors,” she said. Similarly, Justice María Estela Ríos voted against the proposal, arguing that edible cannabis could have a greater impact on children.

By a vote of seven to two, the SCJN ultimately ordered the Federal Commission for the Protection Against Sanitary Risks (COFEPRIS) to authorize the preparation of cannabis exclusively in prepared and semi-prepared foods intended solely for personal consumption.

The Court found that incorporating cannabis into food intended exclusively for personal consumption constitutes an ordinary culinary activity and does not amount to manufacturing a product subject to a specialized sanitary regime. The decision does not authorize the sale, distribution or supply of these foods to other people, limiting the authorization to its holder.

The Court also clarified that the restrictions imposed by COFEPRIS remain in place for products subject to specific sanitary controls, including medicines, herbal remedies, medical devices, food supplements, cosmetics, vaporizers and similar devices.

The Legal Path to Cannabis Self-Consumption

The ruling follows a series of legal challenges to Mexico’s restrictions on recreational cannabis. In 2015, the SCJN began ruling that an absolute ban on recreational cannabis consumption was unconstitutional because it disproportionately affected the right to the free development of personality.

In 2018, the Court issued the General Declaration of Unconstitutionality 1/2018, establishing that the prohibition could not be applied as an absolute restriction. This opened the possibility for adults to obtain authorization from COFEPRIS for activities related to personal recreational use, including growing, harvesting, preparing, possessing and transporting cannabis, while excluding activities such as commercialization and distribution.

The case involving cannabis-infused foods began when a person requested this type of authorization from COFEPRIS. After the authority initially denied the request, a district judge ordered it to issue the corresponding authorization. COFEPRIS subsequently granted the authorization but imposed restrictions on the preparation of cannabis in several regulated products, including prepared and semi-prepared foods.

The person challenged the restriction, arguing that preparing food for personal consumption should fall within the scope of the authorization. The dispute eventually reached the SCJN, which distinguished between products subject to specialized sanitary controls and ordinary food preparation for personal consumption.

Cannabis Regulation Takes Different Approaches Worldwide

Across the continent, cannabis regulation has developed through different approaches, ranging from decriminalization and medical-use frameworks to more limited models for recreational consumption. Uruguay stands out as the region’s most comprehensive example. In 2013, the country became the first in the world to establish a state-regulated market for non-medical cannabis, covering production, distribution and access under government oversight.

The model allows registered consumers to access cannabis through home cultivation, membership clubs or pharmacies, subject to specific limits and registration requirements. This approach goes beyond Mexico’s current framework, which remains focused on authorized personal consumption rather than a regulated recreational market.

Canada represents a broader regulatory model. Since the Cannabis Act came into force in 2018, adults have been able to legally purchase cannabis through authorized retailers, while production and sales are subject to federal and provincial rules. The framework specifically regulates edible cannabis, with requirements covering production, ingredients, packaging, labeling and THC content. Edible cannabis products, for example, cannot contain more than 10mg of THC per immediate container, and their packaging must include standardized cannabis symbols and health warnings.

The United States has also developed one of the world’s largest recreational cannabis markets, although regulation remains at the state level. As of 2026, 24 states and the District of Columbia allow adults to use cannabis for non-medical purposes. Colorado and Washington were the first states to legalize recreational use in 2012, while California, Nevada, Oregon, Massachusetts and Michigan are among the states that later established regulated adult-use markets. Most states that allow recreational cannabis also permit licensed sales, although Virginia and the District of Columbia have more limited frameworks.

These international models highlight the narrower scope of Mexico’s latest decision. However, the ruling clarifies that food preparation can fall within authorized recreational cannabis self-consumption without opening a commercial market for cannabis-infused foods.