Supreme Court ruling means courts must allow recreational use of pot

The Supreme Court issued two rulings yesterday that paved the way for the legalization of marijuana for recreational use.

One ruling granted an amparo or injunction to a complainant to allow the cultivation of marijuana for personal use while the other decision allowed a second plaintiff to consume the drug.

The two decisions followed three similar ones between 2015 and 2017, establishing a precedent that a total ban on pot is unconstitutional.

Under Mexican law, five similar rulings on a matter establish a standard that applies more broadly.

The constitutional precedent that has now been set effectively leaves it to lawmakers to regulate the consumption of marijuana.

The court ordered that complainants in individual cases be allowed to use marijuana for recreational purposes, declaring that adults have a fundamental right to choose their recreational activities without interference from the state.

“That right is not absolute, and the consumption of certain substances may be regulated, but the effects provoked by marijuana do not justify an absolute prohibition of its consumption,” the ruling said.

The court ordered the Federal Commission for Protection Against Sanitary Risk (Cofepris) to authorize the complainants to use marijuana but not to commercialize it.

While the court’s rulings technically don’t legalize recreational use, “the existence of five precedents in the same vein on the subject” establish that courts must allow it.

However, an individual will still be required to press his or her case in the judicial system if charged with marijuana consumption.

Mexico United Against Crime, a group that opposes the prohibition of drugs, said the Supreme Court’s latest rulings “open the door to the regulation of cannabis” and confirm that “Mexico must move toward the regulation of drugs to improve conditions of justice and peace in the country.”

The group urged Congress to act on the issue.

“The Supreme Court has done its job . . . The responsibility for issuing the corresponding regulation falls on Congress,” the group’s director general, Lisa Sánchez, said in a statement.

Officials in president-elect López Obrador’s incoming government have indicated that they could legalize marijuana and other drugs as part of a strategy to fight poverty and crime.

Future interior secretary Olga Sánchez Cordero, a former Supreme Court judge, said in July that López Obrador had given her a “blank check” to explore the possibility of legalizing drugs as well as any other measures that could help restore peace.

Source: Associated Press (en), Reuters (en) 

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Manzanillo, Colima, México, 13 de marzo de 2026. La doctora Claudia Sheinbaum Pardo, presidenta Constitucional de los Estados Unidos Mexicanos en conferencia de prensa matutina, “Conferencia del Pueblo” desde Colima. La acompañan Indira Vizcaíno Silva, gobernadora Constitucional del Estado de Colima; Omar García Harfuch, secretario de Seguridad y Protección Ciudadana (SSPC); Raymundo Pedro Morales Ángeles, secretario de Marina (Semar); Bulmaro Juárez Pérez, divulgador de lenguas originarias, presentador de la sección “Suave Patria”; Ricardo Trevilla Trejo, secretario de la Defensa Nacional (Sedena); Jesús Antonio Esteva Medina, secretario de Infraestructura, Comunicaciones y Transportes; Bryant Alejandro García Ramírez, fiscal general del Estado de Colima; Fabián Ricardo Gómez Calcáneo; Rocío Bárcena Molina, subsecretaria de Desarrollo Democrático, Participación Social y Asuntos Religiosos de la Secretaría de Gobernación; Efraín Morales López, director general de la Comisión Nacional del Agua (Conagua); Marcela Figueroa Franco, secretaria ejecutiva del Sistema Nacional de Seguridad Pública (SESNSP) y Guillermo Briseño Lobera, comandante de la Guardia Nacional (GN). Foto: Saúl López / Presidencia

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