Mexico City, June 11, 2021.- The Supreme Court of Justice of the nation listed yesterday, for the first time, the project of Minister Norma Lucía Piña Hernández for the highest court to discuss and, where appropriate, approve and issue a general declaration of unconstitutionality of the absolute prohibition of the “recreational use” of marijuana.
The matter was published for viewing on the official list of the General Secretariat of agreements on the scjn.gob.mx site, so it is a matter of time before it is assigned a turn and date for its treatment among the “matters of which will give an account in the remote public session of the plenary session of the SCJN ”as of Monday, June 14.
Based on the Amparo Law, and after five judgments were issued between 2015 and 2018 in the same sense, the Supreme Court notified the Congress of the Union – on February 22, 2019 – of the unconstitutionality of the norms established in the Articles 235, last paragraph, 237, 245, section I, 247, last paragraph, and 248, of the General Health Law. Following this notification, Congress, author of the aforementioned regulations, had a period of 90 days to legislate the right to free development of the personality of cannabis users.
After three extensions to the original term set by the Amparo Law in its article 231 (the last one ended on April 30), the Senate, tacitly by not requesting a new extension or issuing the reform, declared itself incompetent to legislate in this matter and decided to leave the matter in the hands of the highest court in the country.
Upon expiration of this term, “… the plenary session of the Supreme Court of Justice of the Nation will issue the corresponding general declaration of unconstitutionality provided that it had been approved by a majority of at least eight votes,” says Article 232 of the same regulations.
It should be noted that the draft declaration of unconstitutionality proposed by Minister Piña Hernández considers such articles “in their text prior to the reform published in the Official Gazette of the federation on June 19, 2017”.