The Supreme Court decriminalized the recreational and recreational use of marijuana

The Supreme Court of the Justice of the Nation (SCJN) decriminalized this Monday recreational and recreational use of marijuana across the country, at a “historic step” for human rights in Mexico, according to its minister president, Arturo Zaldívar, and after a long wait due to the failure of its regulation in Congress.

the The plenary of the country’s highest court voted 8-3 in favor of the general declaration of unconstitutionality (DGI) of articles of Mexican law that prohibit the recreational and recreational use of cannabis, sometimes also called “adult consumption”, with the majority of votes needed, not one more, not one less.

“Today is a historic day for freedoms. After a long way, This Supreme Court consolidates the right to free development of the personality for the recreational use of marijuana», Expressed after the vote, which he himself pleaded in favor, the minister president of the SCJN Arturo Zaldivar.

“It is confirmed once again that the instruments available to the Constitution for the defense of rights work and that A Constitutional Court is essential for the development of these rights, for their defense and for the social changes which can hardly occur in the legislative seat alone.He added, in what was a quiet criticism of the Mexican Congress.

Finally, Zaldivar He also referred to the questions that have arisen in recent months against the Court and against its presidency., due to an alleged proximity to the government of President Andrés Manuel López Obrador and after the controversy and the extension of his term in Congress has not yet been discussed.

This Court reiterates and reaffirms once again that its only attachment is to the Constitution and that it acts with complete independence and autonomy.

And it is that the DGI discussed and approved this Monday at the Tribunal It stems from the failure of the Chamber of Deputies and the Senate to come to an agreement to decriminalize and regulate the recreational use of marijuana. after the case law on the question generated by the SCJN.

the Congress has had up to three extensions (four different steps since the resolution of the highest court in the country) to reform the current legislation and make way for freedom of consumption, but couldn’t do it in recent years despite the fact that since 2018 both chambers have been controlled by Morena, López Obrador’s party.

Therefore, this Monday, the ministers of the Court analyzed the DGI, provided for in the Mexican Constitution, constrained by the failure of the legislative power. But in plenary session, the vote was until the last moment cardiac.

To be approved, the DGI needed the vote of at least eight of the eleven plenary ministers, which left a margin for three of them to position themselves against it. However, during the discussion of the project led by Minister Norma Piña, four ministers (Alberto Pérez Dayán, Mario Pardo Rebolledo, Yasmín Esquivel Mossa and Luis María Aguilar Morales) have been shown in the negative.

But, once the positions are defined, Minister Aguilar Morales qualified his position and said that while he was against the recreational use of marijuana, He was in favor of the general declaration of unconstitutionality, so his vote was joined by seven ministers who had spoken in his favor and the Plenary was able to approve it.

A few minutes before, Zaldívar’s intervention could also have been important. Usually, during discussions, the presiding minister of the Court intervenes after the participation of the other ministers. However, as happened during the session on the popular consultation to sue former presidents, Zaldívar decided to defend his position after the participation of six ministers.

Until then, after the presentation of the project by Minister Piña, a wave of participations emerged with a vote of one for and three against. Then, Alfredo Gutiérrez Ortiz Mena and Javier Laynez Potisek balanced the arguments to describe them 3-3 in the possible votes.

It was when Zaldívar intervened, showing himself in favor of the DGI and assuring with all his words, as I had already announced last week, that would vote for after the passivity of the Mexican Congress.

Then the minister Juan Luis González Alcántara Carrancá also favored, as he did after Margarita Ríos Farjat, casting a 6-3 vote, on the verge of obtaining the DGI. However, Minister Esquivel Mossa announced her vote against and, despite the fact that José Fernando Franco González Salas announced his vote in favor, there was a difference of 7-4. It was then that Aguilar Morales clarified his vote. to leave it in the final 8-3.

Now, with the DGI approved by the Supreme Court, a series of articles banning the recreational and recreational use of marijuana will be declared unconstitutional and cease to have effect, but its significance can only be appreciated when the gist of the project is published. In front of this situation, there will be a “void” in this regard, that only the Mexican Congress will be able to resolve by creating, now yes, legislation that regulates recreational use of cannabis.

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