Supreme Court of Justice of the Nation votes to strike articles prohibiting recreational Marijuana.
Updated: Dec 27, 2021
The Mexican Supreme Court of Justice of the Nation voted to uphold their 2018 decision ruling that prohibition of recreational marijuana is unconstitutional. The discussion among the Supreme Court justices took just over 2 hours, with many raising concerns over what emitting a General Declaration of Unconstitutionality would mean. The Chamber of Deputies and the Senate, the two legislative bodies of Congress, had passed versions of the Federal Law for the Regulation of Cannabis before April 30, the deadline set by the Court and the end of the congressional period. Due to concerns over changes to the bill made by the Chamber of Deputies in March, however, the Senate did not approve a final bill before Congress broke for the summer recess.
The Court´s Declaration amends articles 235, 237, 245, 247 y 248 of the General Health Law, which prohibit the consumption, cultivation, transport and processing of marijuana for personal recreational use. Administrative hurdles will now be removed allowing the Federal Commission for the Protection Against Sanitary Risks (COFEPRIS) to issue adult-use permits. The Court´s action will force legislators to prioritize the passage of the Federal Law for the Regulation of Cannabis at the beginning of the congressional period in September in order to create the regulatory framework for the recreational industry. Congress passed legislation regulating medicinal marijuana earlier this year. Some Deputies and Senators have called for an extraordinary session to move the issue forward. The Federal Penal Code will remain intact until the Federal Law for the Regulation of Cannabis is implemented.
Catch the replay of the Supreme Court´s vote and resolution below: