The Supreme Court of Mexico is taking steps towards putting an end to cannabis prohibition on a national scale after the legislature failed to enact the change in policy. This comes almost three years after the same court declared that the prohibition of personal cannabis cultivation and possession was unconstitutional and ordered legislators to enact a change. While legislators did advance legalization measures after this, no bill was approved.
In a press release issued earlier last week, #RegulationPorLaPas, a body that advocates for an end to marijuana prohibition, stated that the steps taken by the Supreme Court grew the responsibility of the legislature in this matter, noting that it was mandatory for the legislative process to be continued so that the work that had been put into the effort to date could help guarantee the rights of citizenship. Justice Norma Lucía Piña Hernández of the High Court also filed a declaration of unconstitutionality with regard to the country’s marijuana laws.
For marijuana prohibition to be overthrown, the ministers on the Supreme Court will have to vote in favor of approving the declaration of unconstitutionality. While some may view this move from the court as abrupt, it has been a long time coming.
The Supreme Court ruled that cannabis criminalization unconstitutionally infringed adults’ rights in October 2018 and set a preliminary deadline for legislators to change policies in a year. Thereafter, it extended the deadlines several more times, moving it from April 2020 to December 2020 then again to April 30 of this year.
Many had hoped that the measure would have been approved during this final session, as the Senate had already given its approval before the Chamber of Deputies also made some amendments then gave its approval, after which Senate committees also approved the revised measure.
Under the measure, individuals ages 18 and above would have been permitted to grow up to six plants for personal use; in addition, adult-aged individuals can also buy and possess no more than 28 grams of cannabis. Changes made to the regulations by the deputies included adjustments that govern licensing and commercial market policies and the cannabis market’s regulatory structure. Additionally, the deputies amended the measure so that, instead of establishing an independent regulatory body that would oversee implementation of the cannabis program and its licensing, that authority was given to the National Commission Against Addictions, which is already in existence.
Furthermore, changes also increased penalties for unauthorized possession of huge amounts of marijuana and added clauses that prevented forest land from being converted to cannabis growing areas.
It would be interesting to get a comment from established sector players in North America such as Hero Technologies Inc. (OTC: HENC) regarding the regional implications of the upcoming legalization of cannabis in Mexico.
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