Mexico: Supreme Court endorses cannabis cultivation for personal purposes

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The Supreme Court of Justice of the Nation (SCJN) published the previous week 8 precedents that determine that the prohibition of cannabis in Mexico is unconstitutional.

This guideline, which crystallized in a weekly publication of the gazeta, means that all federal judges must attend or grant amparo remedies for those who wish to consume, extract or plant cannabis for personal purposes.

In previous occasions, the federal judges determined that the prohibition of possession and personal consumption limits the principle of self-determination and free development of personality.

The first one was given to the S.M.A.R.T group between 2015-2017, and more recently, another group of people were granted legal permission in October 2018.

“The absolute prohibition of cannabis pursues validated constitutional rights,” said the SCJN in the opinion that this prohibition is not proportional in terms of the objectives pursued by the general law of health in the protection of this right.

Everything seems to be that this is the prelude to finally provide protection to medical and non-medical users in Mexico, and perhaps reduce the rates of violence in the country, a situation that worries the Executive.

Since the SCJN notified the congressmen on February 13, they have a window of up to 90 days to legislate on the sale and non-medicinal cultivation. The political parties have already presented their proposals.

In the Judicial Weekly of the Federation, the eight theses that we transcribed below were published:

  1. Prohibition of marijuana for constitutionally valid purposes.
  2. The absolute prohibition is not a proportional measure to protect health and public order.
  3. Unconstitutionality of the absolute prohibition.
  4. Rights of third parties and public order.
  5. Right to health protection.
  6. Right to the free development of the personality.

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