Supreme Court of Justice of the Nation to rule on Unconstitutionality of Marijuana Prohibition.
Updated: Jul 8, 2021
On June 10, 2021, the Mexican Supreme Court of Justice of the Nation listed a resolution to discuss and enact the jurisprudence decided in 2018, which declared absolute prohibition of recreational marijuana unconstitutional. The resolution is scheduled for a hearing on June 28. After granting three extensions to the Congressional legislative bodies, the Senate and the Chamber of Deputies, to reform existing articles in the General Health Law and subsequently reform the Penal Code, the Mexican Congress was unable to meet the latest deadline scheduled for April 30. Both bodies had passed versions of the bill for the Federal Law to Regulate Cannabis, which would have satisfied the criteria established by the Supreme Court and set the regulatory framework for a recreational cannabis industry. The extenuating circumstances of the past year, however, and changes to the political structure brought by mid-term elections on June 6 within the Chamber of Deputies, have forced the Supreme Court to move forward with the resolution. If the Supreme Court votes in favor to uphold the Jurisprudence, requiring at least eight votes in accordance with Article 107, Section 2, Paragraphs 2 & 3 of the Mexican Constitution, then articles prohibiting adult-use marijuana will effectively be removed from the General Health Law. Questions remain how this action will contribute to structuring a regulatory framework for growth & cultivation operations, foreign investment, and recreational marijuana distribution & sale.