What follows after the decriminalization of recreational cannabis use and what will be its limits

The decision was considered historic by the protagonists and by consumers: the Mexican Supreme Court decriminalized this Monday recreational and recreational use of marijuana across the country, approving the General declaration of unconstitutionality (DGI) laws that until now prohibited this possibility.

The plenary session of the country’s highest court voted 8-3 in favor of the DGI, For what Articles 235, last paragraph and 247, last paragraph, of the General Law on Health must be invalidated with general effects., in the parts establishing that the Ministry of Health (SSa) could only authorize activities related to the self-consumption of narcotic cannabis and psychotropic THC “for medical and scientific purposes”.

The Court explained that this declaration removes the legal obstacle for the SSa, through the competent body, allow activities related to the self-consumption of cannabis and THC (such as sowing, cultivating, harvesting, preparing, possessing and transporting) for recreational purposes, thus respecting the right to free development of the personality.

“For me, this is a big step on the part of the Supreme Court. In principle, it sanctions the passivity of Congress. They were given an initial 90-day deadline and four extensions to overcome the constitutionality issue and they couldn’t do it», He assured Infobae Mexico Daniel Torres Checa, lawyer from the Universidad Panamericana.

“Another relevant aspect is that This is the Plenary’s first speech on the issue. The case law and the study of amparos were known to the Supreme Court but acting in chambers, ”added the specialist in constitutional law.

The SCJN clarified that the SSa You must issue these authorizations only to adults and for the self-consumption of cannabis and THC, but not other substances. Likewise, he clarified that the Cofepris (Federal Commission for the Protection against Health Risks) must establish the guidelines and modalities for the acquisition of semen, it being understood that the authorization can in no case include the authorization to import, market, supply or any other act of alienation and distribution such substances.

Precisely on this subject, Lisa Sanchez, the general manager of the civil association Mexico United Against Crime (MUCD), he made reference in his social networks a the effects of the project approved this Monday in Court:

This does NOT mean that the entire cannabis market is legal or that those who consume are exempt from limitations.

The Court also specified that, when issuing the authorizations, Cofepris must specify that the exercise of the right to self-consumption of cannabis and THC for recreational and recreational purposes In any case, it cannot be done against third parties, so it must not be exercised in front of minors or in public places where there are people who have not given their authorization..

More, It should be specified that it is forbidden to drive vehicles or use dangerous machines under the influence of these substances., or exercise, in general, any other activity under the effect of these substances which could endanger or harm third parties.

That is to say that the approval of the DGI does not imply that people can immediately consume it recreationally, but only avoids having to bring an amparo action, since the Court determined that Cofepris issues the necessary authorizations for its consumption, transport and cultivation for those who request it once the DGI has been published in the DOF (Official Journal of the Federation).

Finally, Supreme Court urged Union Congress to legislate recreational self-consumption of cannabis and THC, in order to generate legal certainty to users and third parties, as well as to generate conditions necessary for the exercise of this right responsible.

Details are the responsibility of the Congress, which now has the pressure and urgency to accept, define and approve its detailed regulations, which he has not been able to do in recent years despite majorities in the two Chambers of Brunette, the ruling party and that the President of Mexico, Andrés Manuel López Obrador, founded.

“We have unfinished business on the legislative side. The Court can declare the unconstitutionality of the norms which prohibit the recreational use of cannabis and expel them from the judicial system, but it cannot regulate the market. This task belongs to the Congress of the UnionTorres Checa pointed out to this medium.

And it is that, as other experts have warned, despite the decriminalization of the recreational use of marijuana in court, the Plenary of the highest court in the country did not touch the Federal Penal Code, therefore sanctions for those who consume recreationally without a license remain in place and will remain in effect until reform of MPs and Senators and change this type of legislation.

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