Mexico’s High Court Repealed Law Prohibiting the Use of Recreational Cannabis | Business Wire Mexico

The Supreme Court of Mexico repealed the law prohibiting the use of recreational marijuana, pushing the country to legalize marijuana, even if the country’s Congress delays the legalization bill.

In an 8 to 3 decision on Monday, the High Court ruled that the country’s general health law prohibits personal consumption and household cultivation of cannabis as unconstitutional.

Adults who want to grow and consume their own cannabis can apply for a permit from the Secretariat of Health. Criminal penalties for possessing more than 5 grams of marijuana or selling the drug still exist.

Before Monday’s decision, adults can apply to the court for a personal injunction to grow and consume marijuana.Supreme Court first Prohibition granted to four applicants in 2015 Seek a ban on the consumption and cultivation of cannabis. As the court issued more injunctions, the High Court announced a case on this issue-in 2017, the Supreme Court ordered Congress to draft laws to establish a legal cannabis market.

But Congress has asked the court to extend it, arguing twice that the technical aspects of the bill require more time and once on the basis of a pandemic.president Andres Manuel Lopez ObradorSince September 2018, the ruling Morena Party (identified as left-leaning) has a majority in both houses.

“Lack of political will,” said Lisa Sánchez, director-general of the NGO México Unido Contra la Delincuencia.

“This is a step forward for the rights of cannabis users,” said Zara Snapp, co-founder of the think tank Instituto RIA. “But Congress still has work to do to regulate the market in a socially just way.”

Supporters expressed the hope that regulation can reduce some of the violence caused by the illegal drug trade in Mexico, although organized crime factions no longer focus on the marijuana trade as before, but instead shift their attention to cocaine, synthetic drugs, kidnapping, and extortion. .

Some observers doubt that the ruling will change significantly in the short term. Raúl Bejarano, a graduate student who studies cannabis regulation, said that the cost of obtaining a license for the Minister of Health should be lower than the cost of hiring a lawyer to seek an injunction, but the Secretariat of Health may still create obstacles in the application process.

“This may be what the current government is looking for,” Bejarano. “It relieves them of the responsibility to create a regulated market.”