Mexico: Supreme Court decriminalized recreational use of cannabis | Historic failure

In a historic decision, the Supreme Court of Justice of Mexico lifted, on Monday, prohibition of recreational use of marijuana. “Today is a historic day for freedoms,” High Court President Arturo Zaldívar said after the vote. The resolution overturns the general health law – which banned the recreational use – of cannabis, although its commercialization is not allowed.

The declaration of unconstitutionality was supported by eight of the eleven magistrates of the Supreme Court in general and by nine in the specifications, with which the qualified majority was reached in both cases to annul the five articles of the General Law on health that prohibited the recreational use of cannabis.

Now, with this resolution – and the subsequent publication of the statement in the Official Journal of the Federation (DOF) – Mexicans will be able to apply for permits to consume, grow and transport marijuana privately from the Federal Commission for the Protection. against health risks (Cofepris), which belongs to the Ministry of Health.

The Court ordered Cofepris to draw up guidelines for obtaining these permits as well as to acquire the modalities for the acquisition of seeds. Until now, Mexico only considered medical use of marijuana, while recreational use was limited to those who filed for judicial protection.

For her part, during the session of the highest court, Judge Norma Lucía Piña stressed that, if the Congress does not legislate on the matter, “in no case is it authorized to import, market or supply” marijuana.

Celebrations for the decision

Although the magistrates’ session was telematic, members of the Mexican Cannabis Movement came to the Supreme Court to demand an end to the ban after a year and a half of encampment in front of the Senate demanding legalization.

Pepe Rivera, spokesperson for the group, celebrated the statement since so far amparos had “individual effects” for those who could pay for the legal process, while Monday’s decision will serve “all citizens”. In this sense, he said the Supreme Court ruling “immediately meets the four demands of the cannabis movement,” which are non-profit consumption, transportation, dignified treatment and safe consumption spaces.

A long way

The decision of the highest court came after a long and winding road that ended a century of absolute marijuana bans in the country.

After several appeals from marijuana users, the Supreme Court ruled the ban unconstitutional for violating “free development of the personality” and in 2019 ordered Congress to regulate the matter.

After the expiration of the first two terms granted by the Court, the Senate approved a first version of the law on November 19 of last year, but on March 10 it was amended by the Chamber of Deputies and sent back to the Senate. , whose final decision he let the April 30 deadline pass without ratifying it.

The move aimed to make Mexico the third country in America to legalize recreational marijuana nationally, after Uruguay and Canada. It carried up to 28 grams of cannabis and provided for a licensing system to grow up to eight plants at home, found smokers’ associations, as well as produce and sell marijuana and industrial hemp.

However, consumer associations criticized the fact that the text continued to criminalize consumption by introducing fines and prison terms for exceeding the authorized amounts. During the debate in Congress, several lawmakers argued that legalization would be a blow to organized crime.

For its part, since early 2021, and after several years of delay after its legalization in Congress, Mexico has regulated the use, sale and distribution of medical marijuana, to which is now added this important advance for consumption. playful.