In no case should it be done affecting third parties, so it cannot be consumed in front of minors or in public places.
With eight votes in favor and three against, the Supreme Court of Justice of the Nation (SCJN) annulled the prohibition of the recreational and recreational use of cannabis, but it will only be for people of legal age and cannot be consumed against minors or third parties who do not allow it.
With a qualified majority, the highest court declared general unconstitutionality of five articles of the General Health Law that prevented the Ministry of Health (Ssa) from delivering permits for recreational and recreational consumption of marijuana.
“It is appropriate to declare the invalidity, with general effects, of the regulations provided for in the General Health Law that absolutely prohibit the Ministry of Health from issuing authorizations to carry out activities related to the self-consumption of cannabis and tetrahydrocannabidol (THC) for recreational purposes, considering them to be in violation of the fundamental right to the free development of personality,” the approved resolution states.
This comes after the Congress of the Union did not reform articles 235, 237, 245, 247, 248, as requested by the highest court, because the legislators did not reach an agreement. This is despite the fact that they had three extensions by the SCJN.
Minister Norma Lucia Piña Hernandez, who presented the bill, recalled that the extensions ended on April 30 of this year without the Legislative Branch overcoming the problem of unconstitutionality of these sections.
After the approval of the project, the minister explained that as long as the Congress of the Union does not legislate on this issue, the Ministry of Health must give authorizations only to adults knowing the acquisition, planting, cultivation, possession and transport of cannabis.
Meanwhile, Cofepris must establish the guidelines and modalities for the acquisition of the seed “and take all necessary measures to give cause to the protected right without the authorization including in any case the permission to import, trade, supply or any act that refers to the disposal or distribution of marijuana.”
The minister said that the use of cannabis for recreational and recreational purposes in no case should be done affecting third parties, so it cannot be consumed in front of minors or in public places where third parties are not authorized, nor will it be allowed to drive vehicles under the influence of these substances or perform any activity that may put at risk or harm third parties.
In addition, the SCJN urged the Congress of the Union to legislate regarding the right to recreational self-consumption of cannabis and THC “in order to generate legal certainty for users and third parties, as well as the conditions of information necessary to do so responsibly.”
The general declaration of constitutionality shall take effect upon notification of the resolution to the Congress of the Union without retroactive effect.