Vancouver, BC, Canada, September 8, 2020, Xebra Brands Ltd. (“Xebra”) is pleased to provide an update on the status of its legal challenge of the Mexican constitution, which if successful, would result in Xebra, through its 100% owned Mexican subsidiary DESART MX, being the only entity to be legally authorized to import seeds, cultivate, and process cannabis (<1% THC) in Mexico, via the grant of an injunction by the Mexican Supreme Court. The injunction would also enable DESART to manufacture and commercialize cannabis derived CBD and CBG products, for domestic sale and for export.

During the last three years, the evolution of cannabis regulation in Mexico has shown a clear tendency towards a more liberal approach, and is evolving from a model of prohibition to a model of regulation. However, the cultivation and processing of cannabis, even for the sole purpose of producing CBD remains prohibited. This has created an unequal treatment in comparison with importers that can legally import CBD Isolates and industrial products, as long as such products do not contain over 1% THC.

This inequity forms the basis and legal grounds under which Xebra has implemented a legal strategy, that if successful, could result in Xebra holding an exclusive right in Mexico, for up to 18 months, on the cultivation and processing of Cannabis Sativa L (Hemp), for the purpose of extracting and commercializing CBD and CBG.

Background:

  • In late 2018, DESART MX applied to the COFEPRIS (the Mexican FDA) for a permit to plant, harvest and market Cannabis Sativa L (Hemp), with the purpose of extracting CBD. This filling was solely intended in order to obtain a negative resolution that could be challenged by DESART in court. As expected, the request to the COFEPRIS was denied.
  • On January 15, 2019, DESART filed a constitutional claim (an “Amparo”), based on the violation of multiple rights recognized by Mexican legislation, precedents of the Supreme Court, and scientific differences between cannabis strains (i.e. not all cannabis is psychoactive).
  • The Amparo (injunction) is a Federal Judiciary Procedure through which individuals or corporations, can challenge a decision of a regulatory or governmental authority, if among other things, the decision violates the Mexican Constitution.
  • The word Amparo literally translates to “protection of”; in effect it serves as a legal injunction. An Amparo is a mechanism through which the federal judiciary protects entities against the unlawful actions or resolutions of any regulatory or governmental authority in Mexico (including laws approved by Congress), if such actions contradict the principles established by the Mexican Constitution.
  • The Amparo that was filed by Xebra`s subsidiary DESART MX, is a first-time precedent for a constitutional claim against this specific prohibition which is established in the Federal Criminal Code. The claim has now moved beyond the lesser circuit courts and on September 7, 2020, has been accepted by the Mexican Supreme Court of Justice which will make a final ruling.
  • The file has already been assigned to Justice Norma Lucía Piña who will be preparing the resolution draft that will be voted by the 5 Justices that are part of the First Chamber of the Mexican Supreme Court.

Taking into consideration all of the facts and nuances, it is the opinion of Xebra’s legal team, that Xebra has a very strong case and a high probability of success. Unless there are delays associated with COVID-19, a final Supreme Court ruling is probable by the end of 2020.

For more information contact:

+1 (604) 418-6560
[email protected]