Mexican Supreme Court, likely to legalize cannabis use

Updated: Jul 28, 2021

A complicated and long procedure, the Senate slows down the project of legalization of recreational cannabis in Mexico...

In 2018, the Supreme Court of Mexico declared that “the ban on the use and cultivation of cannabis violates the constitutional right to develop one’s personality.” However, this opinion had to be legislated in order to take real effect across the country.

However, the Senate slowed down Congressional bills after two requests to the High Court for an extension of time. The laws in favour of legalization are therefore constantly pushed back. The last period in force has expired, without application for renewal.

Since the Senate did not respect its duty to implement a law on the recreational use of cannabis before the end of April, the Supreme Court of Justice of the nation will appeal to its constitutional powers. Thus, it is in July that the Supreme Court will decide and vote on a general declaration of unconstitutionality. This decision will result in the repeal and deletion of sections of federal codes and laws that criminalize cannabis use. Also read : Cannabis delivery in Massachusetts? (weed-info.fr) However, the general ruling of unconstitutionality does not imply Mexico’s entry into the cannabis market because it still does not authorize the production of the plant by a company or an individual or even the sale of the plant.

The changes put in place would be the removal of 5 sections from the General Health Act on cannabis use. However, it remains to be seen whether this law would also entail the annulment of previous convictions relating to offences related to these articles. This means that convicted offenders will have to be released and their criminal records erased.

In order to remove these articles of law, the plenary session will have to reach a majority of 8 votes out of 11. This is complicated to obtain as the judges are mostly aligned with President Andrés Manuel, known as «detractor of the legalization of cannabis in Mexico».

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