Mexico’s Supreme Court has just ruled the cannabis ban unconstitutional

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After Mexican lawmakers waited three years to regulate adult cannabis, the country’s Supreme Court ruled unconstitutional on Monday to ban the drug. The judges ruled 8: 3 in favor of repealing five sections of the country’s health laws relating to personal use and cultivation of the drug.

The decision does not establish a commercial market and requires a federal health authority to fill in the logistical gaps, such as where to buy licensed cannabis seeds.

Earlier, Ricardo Monreal, chairman of the Senate of the majority party Morena, said such a statement by the Supreme Court “could cause chaos”.

Many details remain to be clarified as the rarely seen court case will play out, but free cannabis use is unlikely to happen. Experts warned consumers that there are certain steps they must take before it is advisable to smoke in public.

Activist celebrates Monday’s decision in front of the Supreme Court (Photo: Caitlin Donohue)

It is likely that individuals will have to apply to the Federal Health Office COFEPRIS (Federal Commission for Protection Against Sanitary Risks) for permission to consume and cultivate cannabis, as one would do while driving a car.

In a statement, the Supreme Court stated that the lifting of the cannabis ban will only apply to adults and will include non-commercial activities or use in places where others who have not consented may be affected. The judges also made it clear that operating automobiles or heavy machinery after consumption is not permitted.

The limited decision can put pressure on lawmakers to enact comprehensive cannabis legislation that addresses the creation of a commercial industry. After the Supreme Court established jurisdiction to protect individuals’ right to use and cultivate cannabis, both the Senate and the lower legislature passed legislation to legalize it. However, they could not finally agree on many points.

The legislative process was so complex that two Supreme Court justices changed their votes to support the declaration of unconstitutionality after hearing their colleagues’ arguments at Monday’s session.

“It was like winning the World Cup final on penalties,” said Andres Aguinaco Gómez Mont, a lawyer who successfully filed a 2015 court application for his client’s right to use cannabis.

The delay in legislation has frustrated many cannabis advocates, who see the ongoing war on drugs as a violation of consumer rights and the illegal market as a financial boon to organized crime.

Drug policy group ReverdeSer celebrates Monday’s Supreme Court decision (Photo: Caitlin Donohue)

The court’s decision left many questions unanswered, but it was also a confirmation for many who have been fighting for the end of Prohibition for years.

“This is the result of the work of activists, civil organizations, victims of violence, academics, everyone who comes to the cannabis marches every year,” said Amaya Ordorika of the drug policy organization ReverdeSer Collective before the Supreme Court at Merry Jane on Monday, where various activist groups had gathered.

“It’s not the last step,” said Ordorika. “But we have to celebrate this moment because it is an unprecedented achievement in our country.”