Supreme Court in Mexico Declares Cannabis Prohibition Unconstitutional
LATIN AMERICA AND THE CARIBBEAN, 12 Jul 2021
The Supreme Court of Mexico has ruled that the previously introduced legal ban on the use of cannabis was unconstitutional. The Court judges called the declaration as historic in terms of respect for human rights.
11 Jul 2021 – Mexico’s Supreme Court has declared the legal ban on the use of cannabis unconstitutional. This decision should be seen as historic in terms of respect for human rights in Mexico and consolidates the right to the development of the personality, says Arturo Zaldívar, president of the Court in his plea. It also shows that the Constitution has functional means to defend the rights it enshrines.
Last Monday’s [5 Jul] ruling declared unconstitutional several passages of the General Health Law that had prohibited recreational and leisure cannabis use. The last sections of Articles 235 and 247 in the corresponding text of the law are affected. There was no legalization in principle. Trade in the drug remains prohibited by law. However, the Ministry of Health and the State Commission for Protection against Health Risks (Cofepris) are now responsible for facilitating cannabis use for recreational and leisure purposes. Permits to do so must be obtained from Cofepris. Consumption is subject to regulations comparable to those for alcohol. Eight judges voted in favor of the declaration of unconstitutionality, two against. Thus, the necessary majority was achieved.
The jurisdiction of the Supreme Court was partly due to the previous passivity of Congress, which in recent years had failed to seize the opportunity to pave the way for the decriminalization of cannabis use. However, the court does not have the authority to prescribe drug policy. Only the elimination of the unconstitutional norm was within its competence. Now the government and parliament must act and draft appropriate laws and regulations that take the court’s decision into account.
Civil society organizations, which have been advocating for the decriminalization of recreational marijuana use for several years, celebrate the decision as an important step. They believe that home cultivation of the narcotic is a right that should be available to every adult in Mexico.
Scoop.me is an international news sharing platform. We consider ourselves a critical counterbalance to the right-wing and conservative media establishment. In terms of content, we stand for a socially just and open society, championing tolerance, pluralism and social responsibility for all.
Tags: Cannabis, Drugs, Marijuana, Mexico
DISCLAIMER: The statements, views and opinions expressed in pieces republished here are solely those of the authors and do not necessarily represent those of TMS. In accordance with title 17 U.S.C. section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. TMS has no affiliation whatsoever with the originator of this article nor is TMS endorsed or sponsored by the originator. “GO TO ORIGINAL” links are provided as a convenience to our readers and allow for verification of authenticity. However, as originating pages are often updated by their originating host sites, the versions posted may not match the versions our readers view when clicking the “GO TO ORIGINAL” links. This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
Click here to go to the current weekly digest or pick another article:
LATIN AMERICA AND THE CARIBBEAN: