Mexican Supreme Court rules the prohibition of personal recreational marijuana unconstitutional

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November 07, 2018, Mexican

Last week, Mexico’s Supreme Court set an important judicial precedent in connection with the legalization of adult-use cannabis. The apex court has formally declared marijuana prohibition a contravention of the country’s constitutional provisions. The decision serves as a timely reminder for the country’s legislature to legalize the use of cannabis for recreational purposes.

In spite of getting the verdict in their favor, cannabis advocates in the country have celebrated the ruling with caution since they are still unsure of how this judicial stand will lay the foundations for the lawful cultivation, sale, and consumption of the strain.

Legislative ambiguity

Mexican Supreme Court

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The Supreme Court ruling has given a moral high stand to all those advocating for the legalization of cannabis. Moreover, the ruling will affect the existing legislation about medical marijuana. As of now, Mexican laws classify any cannabis-driven product with less than 1% THC as an MMJ item. This harshness regarding THC levels might change in coming days.

It would be worth mentioning that Mexican MMJ advocates had to fight a protracted battle to legalize medical marijuana. And during the course of the struggle, the legislature remained disinterested. According to the country’s constitution, an amendment can be made into law after the issuance of five pertaining federal injunctions. Activists had to take that long and exhaustive route for the legalization of medical marijuana.

The verdict and adult-use legalization

A pragmatic point of view suggests that Mexico is not going to have any pro-cannabis egislation any time soon. Many political scientists believe that the legislature will not heed to the acknowledgment made in the ruling that it’s the right of every citizen to grow and consume cannabis. The majority of ruling political class still holds an anti-cannabis view and such decisions often act as reinforcement for their adamant beliefs.

The verdict and adult-use legalization

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According to the Secretary of the Interior, who also strongly opposes the legalization of the strain, citizens filing federal injunctions will only be allowed to grow and consume cannabis. This means people will have to get through a legal limbo first to get the required permission and that was also how the medical use of cannabis was allowed before the legalization.

She has also notified that the federal government is coming up with stricter laws to streamline the regulation of marijuana. On the other hand, one of the Supreme Court judges thinks that Congress must come up with the legislation regarding personal consumption of marijuana for better regulation.

What’s next?

With the legal precedent set by the court, there is no doubt that the personal use and possession of cannabis has become significantly safer than before. Law enforcement personnel can round up people for minor cannabis offenses, but they won’t be able to successfully prosecute their cases in the court of law. Nonetheless, that doesn’t mean Mexican pot users are now free to roll up and light in front of police officers. Similarly, it won’t be a wise move to share details regarding personal cultivation on social media platforms.

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