World

Mexico top court decriminalises recreational marijuana use

Ruling however leaves legal vacuum on pre-consumption activities such as production, possession, say activists

Updated 5 years ago · Published on 29 Jun 2021 1:20PM

Mexico top court decriminalises recreational marijuana use
The ruling comes after Congress failed to enact legislation allowing recreational marijuana use by an April 30 deadline set by the country’s highest court. – Pixabay pic, June 29, 2021

MEXICO CITY – Mexico’s Supreme Court yesterday decriminalised recreational marijuana use for adults, drawing a cautious welcome from activists who said users face a “legal vacuum” until lawmakers pass a stalled legalisation bill.

“Today is a historic day for liberties,” court president Arturo Zaldivar said, after eight of the 11 judges backed the decision declaring the drug’s prohibition under the health law to be unconstitutional.

The ruling comes after Congress failed to enact legislation allowing recreational marijuana use by an April 30 deadline set by the country’s highest court.

The landmark bill was approved by the lower house in March but still needs final approval by the upper house, the Senate.

In April, the ruling majority in the Senate said it was considering postponing the final discussion on the law until September.

The Supreme Court urged Congress to issue the necessary legislation “in order to generate legal certainty”.

Pro-legalisation campaigners said the Supreme Court ruling left cannabis users facing many uncertainties.

Mexico United Against Crime, a non-governmental organisation, said the decision “does not decriminalise the activities necessary to carry out consumption” such as production, possession, and transportation of marijuana.

The ruling “leaves a legal vacuum with respect to the consumption, cultivation, and distribution of cannabis”, it added, calling on Congress to issue the necessary legislation.

Veteran pot legalisation activist Jorge Hernandez Tinajero, who is part of the Mexican Association of Cannabis Studies, was also sceptical about the announcement.

“They do not dare to go further,” he said, adding that recreational users still faced legal obstacles to possessing marijuana.

One consequence of the court ruling is that recreational users will be able to obtain a permit from national health regulator Cofepris more easily, said Adriana Muro, director of rights group Elementa.

“What had happened on previous occasions was that Cofepris denied those permits,” she said. 

“Now that permission has to be given automatically,” she added.

But that does not open the door to commercialisation or personal possession of more than the five grammes already allowed, said Francisco Burgoa, a constitutional lawyer and professor at the National Autonomous University of Mexico.

“Congress urgently needs to legislate, but I think that President Andres Manuel Lopez Obrador is not personally in favour,” he said.

The legislation would make Mexico, home to 126 million people, one of just a few countries, including Uruguay and Canada, to legalise cannabis for recreational use.

Cannabis use for medicinal purposes has been decriminalised in Mexico since June 2017.

Experts say the legal recreational market could be worth billions of dollars in Mexico, where authorities seized 244 tons of marijuana in 2020.

The legalisation push is partly aimed at curbing drug-related violence that claims thousands of lives each year in the Latin American nation.

More than 300,000 people have been murdered since the government deployed the army to fight the drug cartels in 2006. – AFP, June 29, 2021

Related News

Malaysia / 3mth

10-year-old boy dies after crash with 4WD; Driver tests positive for marijuana

World / 4mth

New Mexico jury finds Meta liable for endangering children

Malaysia / 7mth

Man who attempted to kill doctor has criminal record, tested positive for marijuana

Malaysia / 11mth

Legal amendments decriminalising suicide now in effect

Business / 1y

Guan Eng: New moves needed to stimulate economy against global trade imbalances

Malaysia / 3y

‘Dr Ganja’ escapes gallows, gets nine years’ jail

Spotlight

Trump’s North Korea gamble deepens Asia’s doubts over US alliances

Malaysia

Rayer denies involvement in 'Maha Kali Red Rally', claims name and photo misused

Malaysia

E-Hailing driver charged with attempted murder after allegedly setting worker on fire

Business

Nation’s economic outlook strengthens as leading index signals continued growth

Malaysia

‘No parent wants her child to be remembered this way,’ says mother of 14-year-old Keziah

Malaysia

RM1.96m Penang land probe: Two ‘Datuks’ remain in custody

Business

K8 cargo: Businessman seeks clarification from MOF, Customs, Petronas

Malaysia

PH leaders hold talks as Melaka election plans take shape

Malaysia

Bersama rejects political alliances, vows to go solo in Melaka state election

You may be interested

World

Prabowo orders more troops, helicopters as Kalimantan fires worsen

World

Canada to hit US goods with dollar-for-dollar tariffs after trade talks collapse

World

Foreign tourist injured in bear attack in Japan

World

US threatens tougher Iran sanctions, raising pressure on China

World

AirAsia flight undergoes cleaning after passenger ‘incident’ before Shanghai landing

World

5.9-magnitude earthquake strikes eastern Japan, shakes Tokyo; several injured

World

Iran warns countries backing new US measures would face ‘Act of War’

World

US threatens Iran with ‘greatest financial offensive’