Mexico to Legalize Recreational Marijuana by December 15
THE LEGALIZATION OF MARIJUANA IN MEXICO
Mexico supreme court strikes down laws that ban use of recreational marijuana
Adults will be able to apply for permits to grow and consume cannabis after decision that moves country toward legalisation
Mexico’s supreme court has struck down laws prohibiting the use of recreational marijuana, moving the country toward cannabis legalisation even as the country’s congress drags its feet on a legalisation bill.
In an 8-3 decision on Monday, the court ruled that sections of the country’s general health law prohibiting personal consumption and home cultivation of marijuana were unconstitutional.
Adults wanting to cultivate and consume their own cannabis will be able to apply for permits from the health secretariat. Criminal penalties for possessing more than five grammes of marijuana or selling the drug remain in place.
Prior to Monday’s decision, adults could petition courts for individual injunctions to grow and consume cannabis. The supreme court first granted injunctions in 2015 in favour of four applicants seeking injunctions to consume and grow marijuana. As courts granted more injunctions, the court declared jurisprudence on the issue – and in 2017, the supreme court ordered congress to draft laws for creating a legal cannabis market.
Arizona’s southern neighbor will be legalizing recreational marijuana use this year. Mexico lawmakers have until December 15 to pass a marijuana bill.
Two years ago, the Mexico Supreme Court decided that a ban on marijuana was unconstitutional and ordered Mexican lawmakers to legalize marijuana, LA Times reported.
After years of poor drug policies that fueled cartel wars, the country will likely become one of the biggest legal cannabis markets in the world.
The approaching deadline has increased debates over what cannabis legalization should look like in Mexico and who will benefit from it.
A bill that would allow companies to sell cannabis to the public, limit home cultivation to six plants, and require consumers to obtain a license from the government is expected to pass in the Senate this month and then head to the lower house of Congress.
The LA Times reports that, assuming reforms are made, Mexico could “become the biggest legal cannabis market in the world.”
The outlet notes that an estimated 200,000 families already grow marijuana in Mexico. Will small-scale farmers be protected by this new legislation? Or would foreign marijuana firms see the bulk of the benefits?
What’s likely to pass, according to Senate leader Ricardo Monreal, is a bill permitting recreational use that also includes a green light for private companies to sell marijuana.
Still, major figures in the movement to legalize marijuana say the people of Mexico will benefit: “The first thing that will happen is that no Mexican will die or go to jail because of this plant,” Guanajuato businessman Guillermo Nieto told Mexico News Daily. The paper also points out that Nieto is especially “well-positioned to cash in on legalization.”
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