Mexico's top court ruled in favor of a legal protection that gives the right to use marijuana recreationally to four individuals, members of a marijuana advocacy group called SMART, this Wednesday.

This unprecedented and historic decision has declared articles 235, 237, 245, 247 y 248 of the National Health Law (Ley General de la Salud in Spanish) as unconstitutional. These prohibit "carrying out acts related to the personal consumption of cannabis for recreational uses (its resin, preparations and seeds), the psychoactive THC, that is more commonly known as marijuana", reports the La Jornada newspaper.

The decision could ultimately be a major step towards the legalization of marijuana's recreational use in a country that has backed an American war on drugs for decades and has had very little positive effects on the nation, and instead it has created a wave of intense violence in multiple states where drug cartels have successfully corrupted local governments that have led to bloody events and massive forced disappearances.

Judges José Ramón Cossío Díaz, Olga Sánchez Cordero and Arturo Zaldívar Lelo de Larrea voted in favor of Arturo Zaldívar's project, which gives legal protection to four individuals, members of the non-profit marijuana advocacy group who impugned the articles mentioned above, which prohibit the recreational use of marijuana.

These individuals are now authorized to use marijuana recreationally, more specifically, sowing, cultivation, harvesting, preparation, possession and transportation of marijuana, without including its commercialization, supply or distribution. This permit will be issued by the Federal Commission for Protection against Public Health Risks (Comisión Federal para la Protección de Riesgos Sanitarios [Cofepris] in Spanish).

This ruling means that any person may solicit this type of legal protection, known in Mexico as an amparo, for the recreational consumption of marijuana, appealing the unconstitutionality of what is established on the National Health Law.

Via El Universal

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miranda.garcia@sandiegored.com

Translated by: edgar.martinez@sandiegored.com