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Mexico’s Supreme Court Declares Individuals Have the Right To Consume And Cultivate Marijuana


mexico marijuanaToday, in a 4 to 1 vote, Mexico’s Supreme Court ruled that the prohibition of the consumption and cultivation of marijuana for personal use is unconstitutional. The Court determined that the prohibition of the consumption of marijuana – and its cultivation for non-commercial ends – violates the human right to the free development of one’s personality. This landmark case could lead to the legalization of marijuana for recreational purposes if followed up with legislation.

“This vote by Mexico’s Supreme Court is extraordinary for two reasons: it is being argued on human rights grounds and it is taking place in one of the countries that has suffered the most from the war on drugs,” said Hannah Hetzer, Senior Policy Manager of the Americas at the Drug Policy Alliance. “Uruguay became the first country to legalize marijuana, Canada is expected soon to follow suit, medical marijuana initiatives are spreading throughout Latin America and the Caribbean, and marijuana is legal in a number of U.S. states. Now with this landmark decision out of Mexico, it is clear that the Americas are leading the world in marijuana reform.”

The public debate on marijuana has surged in Mexico in recent months since the case of an 8-year old girl with epilepsy who became Mexico’s first medical marijuana patient made national and international headlines. The government granted the right to import and administer a cannabis-based treatment for the young patient.

Marijuana reform has gained unprecedented momentum throughout the Americas. In the United States, Colorado, Washington, Alaska, Oregon, and Washington D.C. have legalized marijuana for adults. In December 2013, Uruguay became the first country in the world to legally regulate marijuana. In Canada, the new Prime Minister Justin Trudeau and his Liberal Party have promised to legalize marijuana. There are currently medical marijuana legalization bills being debated in Brazil, Chile, Colombia, Costa Rica, and Mexico.

Source: Drug Policy Alliancemake a donation


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Johnny Green


  1. jasen joseph hylbert on

    When alcohol was prohibited (along with ethanol transportation fuels, mind you), the constitution was amended to do so. I could argue that even then it was an unconstitutional prohibition, and it is pure fact that it was a corrupt and shitty idea. The ban on cannabis is a clear violation of the constitution and it should simply stop being acknowledged. Income tax is one thing, but sin taxes – particularly on commodities like cannabis which are not even harmful to society – are nothing but a heist.

  2. Closet Warrior on

    Really, Mexico proclaimed it was against their human rights and won and we are battling county by county for mmj in a lot states, good on ya Mexico but shame on our law makers dragging their feet. We have rights too. Give us what we want you backward thinking sadists. Good ol boy government.

  3. saynotohypocrisy on

    Our degenerate Supreme Court ruled that if you need medicinal cannabis to live, you have no right to live.

  4. Maybe not a disaster, that would be hyperbole, but a minor adjustment. The adjustment being don’t write a dumbass law and you won’t get a dumbass result. Ohio has learned this, now the rest of the states must pay attention to write intelligent laws themselves. (California and Nevada listen!)

  5. Catalina Copeland on

    Mexico will have cannabis freedom.
    Canada may end up with a bureaucracy
    US has a bureaucracy, and CA is fucking patients over. It will not be legal for rec purposes in CA in 2016 (my prediction)
    that being said, i had some pretty decent sub midgrade in Tijuana. Fake cops tried to take it from us (along with our stuf) but we told them to **** off or show a badge.

  6. saynotohypocrisy on

    In addition, I think awareness that alcohol is a drug is low in Mexico, even though their alcohol abuse problem is as bad as ours. People who use alcohol in Mexico feel very free to demonize cannabis users without being held accountable for their slanders and bigotry.
    They probably blame cannabis users for the massive prohibition related violence, awareness that prohibition is causing the violence seems low.

  7. I enjoy theweedblog because there is so much good news here. And even this sliver of victory is good news.

  8. stellarvoyager on

    A huge chunk of their economy must depend so heavily on revenue from cartel weed that they are terrified of legal herb.

  9. This is awesome news! But reading this article I realized that this doesn’t just strike down the unconstitutional law, like how it works with the U.S. Supreme Court. I wanted more details, so I found a New York Times article from today, 11/5, which gives a helpful explanation of what started the case and what it means:

    “The ruling on Wednesday was the culmination of an effort to change the law by four members of a prominent Mexican anticrime group, Mexico United Against Crime.
    “Mr. Torres Landa and Mr. Santacruz formed an alliance with two other people, called the Mexican Society for Responsible and Tolerant Consumption — the Spanish acronym is Smart. Their group applied for a license from Mexico’s drug regulatory agency to use marijuana, but, as
    expected, was turned down. Their appeal of that decision eventually reached the Supreme Court.
    “Yet the ruling on Wednesday applies only to their petition. For legal marijuana to become the law of the land, the justices in the court’s criminal chamber will have to rule the same way five times, or eight of the 11 members of the full court will have to vote in favor.”

    (I’m not linking the article because that’ll delay my post going up, but you can google it super quickly.) But one thing I didn’t even think about, that the article brings up, is that the socially conservative Mexican citizenry is not at all supportive of legalization at this point! Read on:

    “If the court decisions continue in that direction, they will be flying in the face of public opinion. Mexicans are so opposed to legalizing marijuana that a leading pollster told the Smart group not to bother with a survey, Mr. Santacruz recalled, or to limit it to young people.
    “But Adalí Cadena Rosas, 20, a pharmacy worker in Mexico City, bemoaned the decision on Wednesday. ‘I mean, we already have so many drug addicts,’ she said. ‘This is only going to make things worse.’ On the other hand, Carlos Canchola, 87, a retiree, rejoiced when he learned of the ruling. ‘This is great news,’ he said. ‘People like me will be able to acquire it for rheumatism.'”

    How about that? The 20-year old against it, but the 87-year old for it? Obviously it’s a sample size of two, but it demonstrates that you cannot assume marijuana politics in Mexico is anything like the movement we have in the U.S.

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