Recreational Cannabis Post-Supreme Court Ruling: What’s Allowed

Mexico’s Supreme Court of Justice approved a historic ruling that overruled the prohibition of recreational cannabis use in the country, but recreational cannabis will still have some limitations.

These are the keys to the declaration of unconstitutionality, approved by eight of the 11 magistrates in general and nine in the specifications, which overturned the articles of the General Health Law that prohibited recreational cannabis consumption, self-cultivation, and transportion.

Before you dive into the ruling: do you enjoy being up to date on legal and regulatory cannabis and hemp news? Take a moment to download our companion HEMP.IM cannabis news app today, and stop being out of the loop.

Permits for recreational cannabis consumption

The Court endorsed that Mexicans of legal age may consume, sow, cultivate, harvest, prepare, possess, and transport recreational cannabis and tetrahydrocannabinol (THC), the plant’s main psychoactive component.

As long as the Mexican Congress continues without regulating the matter, the Ministry of Health will have to issue authorizations for recreational cannabis which, until now, could only be consumed through judicial injunctions.

In addition, when the declaration is published in the Official Gazette of the Federation (DOF), the Federal Commission for the Protection against Health Risks (Cofepris) will have to draft the guidelines for the acquisition of the seed.

Thus, the General Health Law, which only allowed the consumption of cannabis “for medical and scientific purposes,” was reformed.

Commercialization of Recreational Cannabis Prohibited

In its decision, the Court also stipulated limitations to recreational cannabis, since it prohibited consumption by minors. It has also prohibited recreational cannabis consumption in places where it could affect third parties who have not provided authorization.

It also ruled out driving vehicles under the influence of recreational cannabis, or any other type of activity that could endanger others.

In addition, the declaration clearly establishes that “in no case” Cofepris will be able to give permits to import, trade, supply or distribute recreational cannabis.

Businessmen such as former President Vicente Fox (2000-2006) have claimed that Mexico has enormous potential to create the largest legal recreational cannabis market in the world.

The company Canncura, dedicated to medical cannabis, lamented that “the nascent cannabis industry will not emerge from the scenario of uncertainty” with the Court’s ruling and urged Congress to regulate the recreational cannabis market.

A Long Journey Ahead

The Supreme Court’s decision came after a long road that ended a century of recreational cannabis prohibition in the country.

After several appeals by recreational cannabis consumers, the Supreme Court considered the prohibition unconstitutional for violating “the free development of personality,” and ordered Congress in 2019 to regulate the matter.

Although the Senate approved last November a law that made Mexico the third country in the Americas to regulate recreational cannabis after Uruguay and Canada, the Chamber of Deputies modified some aspects and the text returned to the Senate without generating consensus.

Last April 30, the third and last deadline set by the Court for legislators to regulate cannabis expired, so the high court approved this Monday the declaration of unconstitutionality.

The decision was celebrated by the members of the Mexican Cannabis Movement, which has been camped in front of the Senate for more than a year to demand legalization of recreational cannabis, and which this Sunday went to the Court to ask for the end of the prohibition.

—

(Featured image by Jezael Melgoza via Unsplash)

DISCLAIMER:

This article was written by a third party contributor and does not reflect the opinion of Hemp.im, its management, staff or its associates. Please review our disclaimer for more information.

This article may include forward-looking statements. These forward-looking statements generally are identified by the words “believe,” “project,” “estimate,” “become,” “plan,” “will,” and similar expressions. These forward-looking statements involve known and unknown risks as well as uncertainties, including those discussed in the following cautionary statements and elsewhere in this article and on this site. Although the Company may believe that its expectations are based on reasonable assumptions, the actual results that the Company may achieve may differ materially from any forward-looking statements, which reflect the opinions of the management of the Company only as of the date hereof. Additionally, please make sure to read these important disclosures.

First published in Gestion, a third-party contributor translated and adapted the article from the original. In case of discrepancy, the original will prevail.

Although we made reasonable efforts to provide accurate translations, some parts may be incorrect. Hemp.im assumes no responsibility for errors, omissions or ambiguities in the translations provided on this website. Any person or entity relying on translated content does so at their own risk. Hemp.im is not responsible for losses caused by such reliance on the accuracy or reliability of translated information. If you wish to report an error or inaccuracy in the translation, we encourage you to contact us.