The First Chamber of the Supreme Court of Justice of the Nation (SCJN) declared unconstitutional prohibition of sowing, cultivating and harvesting cannabis (hemp) for industrial purposes.
Unanimously, the members of the court supported the Desart MX company against the articles of the General Health Law and the Federal Penal Code that prohibit this practice, as they considered that this violates human right freedom of work and commerce.
“The contested legislative measure absolutely prevents the planting, cultivation and harvest of cannabis for industrial purposes, when to achieve the objectives that the prohibition seeks, it could be constrained to implement a series of measures similar to those that, for medical and / or scientific purposes they are foreseen, such as authorization, monitoring, control, prevention and phytosanitary “, indicated the Chamber during a videoconference session.
Since 2017, both laws only allow the growing marijuana for medical or scientific purposes.
Consequently, the protection granted will have the effect that the health authorities must issue the company a permit for the sowing, cultivation and harvest of hemp, as long as it guarantees that the plant produces concentrations equal to or less than 1% of THC, a component psychoactive of marijuana.
However, before issuing the permit, a Collegiate Court must review other points claimed by the company regarding the document in which the requested permit for the industrial use of cannabis was denied.
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