Mexico's Supreme Court: Permit Holders May Cook Cannabis Edibles

Deciding Recurso de Inconformidad 13/2025 on September 10, 2026, the full Supreme Court of Justice held that the self-consumption authorization COFEPRIS must issue under the Court's 2021 ruling includes preparing cannabis or THC in prepared or semi-prepared foods for personal use, according to Infobae.

Why it matters

It settles whether turning home-grown cannabis into edibles counts as manufacturing a regulated product. The Court's answer, as Infobae reported it, is that making food at home is an ordinary culinary activity, not manufacturing that needs specialized health oversight.

It does not open a market. COFEPRIS said in February 2025 that CBD, hemp extract and THC may not be used in foods, sweets, supplements, cosmetics or drinks sold in Mexico, and named seven brands whose products were not authorized. Shop-bought THC gummies remain illegal.

Case

Recurso de Inconformidad 13/2025

Decided

2026-09-10, full court

Who it helps

Holders of a COFEPRIS self-consumption permit

What's allowed

Home-made cannabis or THC food for personal use

What isn't

Selling, sharing, commercial edibles, vapes

What the ruling does not do

• It doesn't create a market — No one may sell, distribute or give away cannabis food, even a permit holder.
• It doesn't cover vapes — The court left vaporizers and similar devices under COFEPRIS control; the UK Foreign Office says vapes are illegal to import, buy or sell in Mexico.
• It doesn't legalize store-bought gummies — COFEPRIS has said CBD and THC may not be used in foods or sweets sold in Mexico.
• It doesn't help people without a permit — The protection attaches to the named permit holder; others still face the General Health Law's possession rules.

Context: a year of permit rulings

1. 2021-06-28

   Supreme Court declaration DGI 1/2018 requires COFEPRIS to authorize adult self-consumption.

2. 2025-02-15

   COFEPRIS warns against CBD foods, supplements and cosmetics and lists unauthorized brands.

3. 2026-07-07

   COFEPRIS says court rulings create no right to sell, supply or distribute cannabis.

4. 2026-09-10

   Full court: permits cover cooking cannabis into food for personal use.

Infobae's report also restated related precedent: several people can share one COFEPRIS permit if each is named as a holder with certified copies, and carrying more than 5 g is not automatically a crime when the evidence shows personal use.

The limits that already applied to permit holders

The 2021 declaration set conditions that still bind every permit holder, according to the Supreme Court's own summary. Use is not allowed in front of minors, in public places where others have not consented, or while driving or operating dangerous machinery. The permit also never covers importing, trading or supplying cannabis.

Because buying is not covered, a permit holder has to grow from seed, and COFEPRIS was directed to set rules on how seeds may be obtained. The September ruling adds one more thing a holder may do with a home harvest: cook with it. Everything outside the holder's own kitchen and own consumption is unchanged, including the ban on sharing.

What it means for visitors

• Nothing changes for tourists: permits cover holders' own home-grown cannabis, and there is still no legal place to buy.
• Edibles offered by vendors or shops are illegal sales. See cannabis rules for tourists in Mexico.
• Background on the rulings: is weed legal in Mexico in 2026.