By Martin Cole-
Mexico’s Supreme Court on Monday decriminalized recreational marijuana use for adults, drawing a cautious welcome from activists who expressly said users face a “legal vacuum” until lawmakers pass a stalled legalization bill.
The court decided that prohibiting the personal consumption and home cultivation of weed was unconstitutional.
“Today is a historic day for liberties,” court president Arturo Zaldivar said, after eight of the 11 judges backed the decision declaring prohibition under the health law to be unconstitutional.
Adult residents wanting to grow and consume their own cannabis will now be able to apply for a permit from the health secretariat to allow them to do so.
The decriminalization does not prevent people from being prosecuted for having more than five grams of marijuana on them or for selling it.
The legalization push is partly aimed at curbing drug-related violence that claims thousands of lives each year in the Latin American nation.
Court president Arturo Zaldivar described yesterday’s vote as ‘a historic day for liberties’.
Zara Snapp, co-founder of Instituto RIA, added:
This is a step forward for the rights of cannabis users, but there’s still work to be done in congress to be able to regulate the market in a socially just way.
The vote took place in the wake of Mexico‘s Congress taking its time in passing legislation that would legalise cannabis. The highest court set a deadline of April 30 for the legislation to come into force, but Congress failed to meet this.
The legislation was first passed in March of this year after months of deliberations. It has been waiting for approval from the Senate ever since.
According to AFP, the Senate has threatened to postpone further decisions on the bill until September.
The ruling comes after Congress failed to enact legislation legalizing recreational marijuana use by an April 30 deadline set by the country’s highest court.
The landmark bill was approved by the lower house in March but still needs final approval by the upper house, the Senate.
In April, the ruling majority in the Senate said it was considering postponing the final discussion of the law until September.
Pro-legalization campaigners said the Supreme Court ruling left cannabis users facing many uncertainties.
Mexico United Against Crime, a non-governmental organization, said the decision “does not decriminalize the activities necessary to carry out consumption” such as production, possession and transportation.
The ruling “leaves a legal vacuum with respect to the consumption, cultivation and distribution of cannabis,” it added, calling on Congress to issue the necessary legislation.
Veteran pot legalization activist Jorge Hernandez Tinajero, who is part of the Mexican Association of Cannabis Studies, was also skeptical about the announcement.
“They do not dare to go further,” he said, adding that recreational users still faced legal obstacles to possessing marijuana.
One consequence of the court ruling is that recreational users will be able to obtain a permit from national health regulator Cofepris more easily, said Adriana Muro, director of rights group Elementa.
“What had happened on previous occasions was that Cofepris denied those permits,” she told AFP.
“Now that permission has to be given automatically,” she added.
The legislation stalled in Congress would make Mexico, home to 126 million people, one of just a few countries, including Uruguay and Canada, to legalize cannabis for recreational use.
Cannabis use for medicinal purposes has been decriminalized in Mexico since June 2017.
Experts say the legal recreational market could be worth billions of dollars in Mexico, where authorities seized 244 tons of marijuana in 2020.
The legalization push is partly aimed at curbing drug-related violence that claims thousands of lives each year in the Latin American nation.
Mexico