On October 31, 2018, the Supreme Court of Mexico officially released its fourth and fifth decrees that the prohibition of marijuana is unconstitutional, marking a particularly unique time for the Mexican cannabis community. According to legal officials, the plant’s effects on the human body are not dangerous enough to promote legal intervention. Likewise, according to this proclamation, adult Mexicans have the right to control recreational activities (including smoking the drug) without the state intervening in these activities. So what does this event mean for the future of Mexico? Does this hint at a possibility for the legalization of recreational cannabis and lighter laws for medical-marijuana users? Let’s take a closer look at what experts have to say about the situation.
Lighter Laws
While this is a historic turning point for the people of Mexico, the five rulings do not officially legalize the little green plant for all residents. However, these new decisions do mean that adults can receive permission from Cofepris (a regulatory agency) to cultivate and consume marijuana plants in the privacy of a residential home. In an interview with Herb, Zara Snapp (co-founder of RIA Institution and drug policy consultant) has revealed that the process may be long and tedious, but, ultimately, cases will not have to go before the Supreme Court. This authority now rests in the hands of lower courts.
What’s Next?
In short, the Supreme Court does not hold the responsibility of writing the Mexican laws, so it cannot immediately deem cannabis as a legal substance. Instead, lawmakers must agree with the Court’s five rulings by taking marijuana prohibition off the General Health list and developing a new set of rules for a Mexican marijuana market. Furthermore, lawmakers must follow through with these developments, which will finally reach the desk of the president.
However, here is where the situation becomes sticky. At this time, President Enrique Peña Nieto has announced he will not sign laws that legalize the drug. Still, his replacement Andres Manuel Lopez Obrador (or AMLO, as the people call him) is a staunch supporter of the little green plant, so his administration could be spearheading a wave of change in Mexico.
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