Mexican Supreme Court Strikes Down Marijuana Prohibition

Mexican Supreme Court Strikes Down Marijuana Prohibition

By issuing rulings in two separate cases on Wednesday, Mexico’s Supreme Court set binding precedent that the country’s ban on consuming marijuana is unconstitutional.

The move comes as the nation’s incoming presidential administration has been considering legalization.

Earlier this month, designated members of President-elect Andrés Manuel López Obrador’s future cabinet discussed legalizing cannabis with Canadian government officials on a trip to that county, which ended prohibition of the drug this month.

The two new high court judgements follow three similar previous rulings. Under Mexican law, when chambers of the Supreme Court rule the same way five times on a given subject matter, it becomes binding precedent on all of the nation’s judges.

It also means that the government must now amend policies that contradict with the court’s constitutional interpretation, namely that marijuana laws need to be reformed.

“The ruling only applies personal possession and private use, and cultivation in the home for such use,” Steve Rolles, a senior policy analyst with the Transform Drug Policy Foundation, told Marijuana Moment in an interview. “It also allows for sharing. So the situation will be somewhat similar perhaps to the give-and-grow schemes in Washington, D.C. and Vermont in that it doesn’t allow for commercial sales. Though that seems likely to follow when lawmakers act to implement the ruling. Until the legislation is adapted, we will be in something of a grey area.”

“In these matters, the First Chamber held that the fundamental right to the free development of the personality allows the persons of legal age to decide – without any interference – what kind of recreational activities they wish to carry out and protect all the actions necessary to materialize that choice,” the court said in a press release, as translated by Google. “Now, it was also clarified that this right is not absolute and that the consumption of certain substances could be regulated, but the effects caused by marijuana do not justify an absolute prohibition on its consumption.”

The new precedent doesn’t mean that it is automatically legal for people to use and grow marijuana, but it does mean that judges considering the cases of those who are caught by police before formal statutory changes are implemented must abide by the Supreme Court’s ruling.

Mexico’s Congress has 90 days to repeal cannabis laws that are now considered unconstitutional.

The Wednesday rulings in cases 547/2018 and 548/2018 were first reported by HuffPost.

López Obrador takes office as president on December 1.

Where Mexico’s Next President Stands On Marijuana

See the original article published on Marijuana Moment below:

Mexican Supreme Court Strikes Down Marijuana Prohibition

16 Year Old Girl Arrested With 185 Pounds of Marijuana

16 Year Old Girl Arrested With 185 Pounds of Marijuana

What began as a seemingly ordinary border crossing from Mexico into Arizona suddenly transformed into a large marijuana bust.

A 16-year-old girl and the two young women she was traveling with were sidelined at the checkpoint border crossing at the Port of Lukeville. After a detection dog indicated the vehicle contained something suspicious, the Volkswagen was marked for further inspection.

During the deep search, authorities discovered 12 wrapped packages of marijuana. The packages contained 185 pounds of marijuana worth an estimated value of over $90,000. Authorities seized the car and the drugs for processing.

The state of Arizona has not legalized the use of recreational marijuana, and transporting the plant between countries is also illegal. The three young women, who remain unnamed, were handed over to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

photo credit: US Customs and Border Protection

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