The Mexico’s Supreme Court allows the production and consumption of marijuana… bust just for four people.
The ministers approved an injunction to protect Josefina Ricaño Bandala, Juan Francisco Torres Landa, Jose Pablo Girault and Armando Santacruz for whom marijuana can be produced and consumed for recreational purposes.
The absolut prohibition of the consumption of marijuana is unconstitutional”, it was written in the Twitter account of the Mexico’s Supreme Court.
That means that they will be allowed to have their little plant and smoke it, but they can’t sell it to other people. Exactly! The marijuana has to be exclusively for them.
The project was approved in the First Chamber of the Court, for four votes against one, and it was the responsibility of the Minister Arturo Saldivar. It was the Minister Jorge Pardo who voted against it.
The ministers endorsed their position on the right of each individual to decide whether or not to consume marijuana, regardless of its consequences.
“It belongs to the strict scope of individual autonomy protected by the right to free development of the personality, the ability to decide responsibility if that person wants to experience the effects of this substance, despite the damage that this activity can generate,” says the judgment of the Court.
The decision of the ministers could generate a movement that can arrive to important reforms that compels extend permissiveness of use of marijuana to all Mexican citizens.
The next step is that the Mexican Congress modifies the Federal Health Law and the Federal Penal Code.
For now, the law is clear, in Mexico the production, distribution and consumption of marijuana are prohibited.
In the Health Law, there are some articles, most importantly the 235, 236 and 237, that the congress members have to change.
The 235 is about the prohibition and the 236 indicates that the Ministry of Health is the unique institution to permit the usage of the drugs.
“The Ministry of Health will establish the requirements to be met and issue special permits to acquire or transfer”, says the 236 article.
But it is the article 237 where the prohibition is clearer:
“All the acts mentioned in Article 235 are prohibited in the country… with respect to the following substances and vegetables … cannabis sativa… American or marijuana …”, explains the law.
The Health Law is linked to the Federal Penal Code that indicates in its article 198, the prohibition and punishment for cultivating marijuana. Any person that does this activity could go to prison for up to six years.
The decision of Mexico’s Supreme Court is important, in the middle of the crime crisis caused by cartels. But we will be expecting the real discussion that could be opened in the Congress.