by Alexodus (CC BY-NC 2.0)

The Supreme Court of Justice of the Nation (SCJN) has granted an amparo for the recreational use of marijuana. According to the First Chamber of the Court of the SCJN, this new ruling “authorizes the regular consumption of marijuana, in a personal manner and for purely recreational purposes, as well as for activities related to self-consumption.”

This ruling generates a new precedent that forces judges throughout the country apply the ruling of the highest court across the board. After this resolution, the Congress will have 90 days to legislate on the subject once it is notified and the Legislative Power is obliged to modify the General Health Law so that it can be aligned with the new criteria.

This is the second legal initiative to take place in Mexico to regulate the use of marijuana. In June 2017 Congress approved an initiative to regulate the use and consumption of marijuana for medical and scientific purposes.

The reform decrees the elimination of article 237 of the General Health Law and the normative prohibition of the use of marijuana or cannabis for medical and scientific purposes. In addition, tetrahydro-cannabidiol (THC) is now allowed in the marketing of certain products. “Products that contain cannabis derivatives in concentrations of 1 percent or less of THC and that have broad industrial uses, can be marketed, imported and exported,” according to a press release from COFEPRIS.

In September 2018, COFEPRIS had received 534 requests for recreational and personal use of marijuana, of which nine have been authorized and 180 have been discarded. The rest of the requests are in the process of resolution. In addition, 305 import permits have been issued for various drugs derived from cannabis.

COFEPRIS has limited the use of marijuana to people older than 18 years and prohibits its consumption in public places. In addition, the regulatory authority is in charge of the guidelines and is the institution in charge of giving permits for their consumption.

Alessa Flores

by Alessa Flores

Industry Analyst and Journalist at Mexico Business Publishing

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