Mexico Moves Toward Legalization of Marijuana

Mexico’s Supreme Court rules ban on recreational marijuana unconstitutional File A

Mexico’s Supreme Court rules ban on recreational marijuana unconstitutional File A

Justices for Mexico's Supreme Court have ruled that laws criminalizing the private use and cultivation of cannabis by adults are unconstitutional. On paper, the rulings may seem like a victory for marijuana legalization.

In the second case, another plaintiff also applied for an amparo to consume marijuana for recreational purposes. But it does go beyond mere decriminalization (already law in Mexico since 2009), by actually recognizing personal recreational use as a constitutional right.

"The Mexican government has not put violent criminals in prison but people who smoke small quantities on street corners or outside", Enciso said, "so these decisions will benefit many small consumers".

The rulings come after years of strategic litigation by Mexican drug policy activists starting in 2015. In Mexico, however, it takes five similar rulings to "create jurisprudence", or binding case law. The rulings technically do not legalize recreational use, however.

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As United Press International notes, in the years since then, four more groups of plaintiffs have followed the example of the SMART litigants - including the two that high court just ruled in favor of.

Now, this doesn't mean that weed is now automatically legal, but it does mean that federal lawmakers will be able to regulate weed, and officials in President-elect Andres Manuel Lopez Obrador's incoming administration have indicated that they are interested in full (and quick) legalization, in part as a means of fighting crime stemming from the black market cannabis trade.

"The rulings create jurisprudence but they do not in themselves amount to changes in legislation", Enciso said. Canada now has legal marijuana. The rulings from Mexico's Supreme Court come after many US states have legalized pot in recent years for medicinal purposes, recreational use or both. "And now with Mexico legalizing consumption and production, the only drug warriors remaining in North America are President Donald Trump and Attorney General Jeff Sessions".

This was the fifth time that Mexico's Supreme Court of Justice of the Nation has upheld the individual right to recreational cannabis.

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