5 injunctions trigger court ruling that marijuana ban is unconstitutional

The Supreme Court (SCJN) yesterday published eight precedents on the recreational use of marijuana which determined that prohibition of the drug is unconstitutional.

Publication of the precedents in the court’s weekly gazette means that as of Monday it will be mandatory for all federal judges to grant amparos or injunctions to people who wish to use marijuana recreationally and seek legal protection to do so.

The eight precedents are based on five amparos already granted to complainants, allowing the possession and personal use of cannabis.

Three of the amparos were issued between 2015 and 2017 while another two were granted in October last year.

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

Judges ruled that the complete prohibition of marijuana – as stipulated by the General Health Law – is not a proportional measure to protect people’s health and public order and that criminalization of the drug violates the right to free development of personality.

“Absolute prohibition of the recreational use of marijuana . . . persecutes constitutionally validated objectives,” the SCJN said.

The court’s resolution does not compel judges to provide legal protection to people who wish to grow and/or sell marijuana.

On February 13, the SCJN notified both houses of Congress that it had approved the precedents, opening up a 90-day window within which lawmakers have the opportunity to legislate to legalize the recreational use of marijuana.

After the Supreme Court’s October rulings, Mexico United Against Crime, a group that opposes the prohibition of drugs, urged lawmakers to legalize marijuana.

“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.

Interior Secretary Olga Sánchez Cordero, a former Supreme Court judge, said in July that then president-elect 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 to Mexico.

Source: Milenio (sp) 

Have something to say? Paid Subscribers get all access to make & read comments.
woman walking with an umbrella through heavy rain

Tropical Storm Vance heads toward Sinaloa, bringing more heavy rainfall to northwest Mexico

0
On Wednesday, rainfall totals of 75 to 150 millimeters are expected in central and southern Sinaloa, Nayarit, Durango, the southern tip of Baja California Sur and the coast of Jalisco.
Hurt person who received medical care from the Mexican Red Cross at the Oct. 11 protest in Guadalajara demanding clean tap water

Protesters file complaints with Attorney General’s Office alleging torture at hands of Jalisco state police officers

3
Officers are alleged to have physically and verbally abused dozens of demonstrators protesting foul tap water in Guadalajara on Oct. 11, later holding them for hours in dismal conditions and, in some cases, torturing them.
cempasúchil

With Day of the Dead less than a week away, Mexico City’s cempasúchil production hits record heights

0
The Mexican marigold is an essential part of Day of the Dead traditions, as an adornment on altars, or, for those who take the dead's visitations literally, as a path of strewn petals leading the departed to the door.
BETA Version - Powered by Perplexity