translated from Spanish: SCJN issued case law in favor of the cultivation and consumption of marijuana

the first room of the Supreme Court of Justice ruled in a pair of cases that is unconstitutional, prohibit the recreational use of marijuana in Mexico, so I establishment or jurisprudence on the subject, since before four resolutions were taken in the same direction.
Read: Supreme Court Approves medical marijuana and death worthy in the Constitution of CDMX East Wednesday approved the protections in revision 547/2018 and 548/2018, under papers of the Norma Lucía Piña Minister and Minister Arturo Zaldívar, respectively.
Although authorized sow it and consumption, the jurisprudence is that consumers may not sell or distribute cannabis to third parties.
The Declaration of unconstitutionality of the articles of the General health law «does not imply any authorization to perform acts of trade, supply or otherwise relating to the sale and/or distribution of the substances before mentioned», they raised.
The articles of the General health law invalidated are: 235, 237, 245, 247 and 248, which prohibit «planting, cultivating, harvesting, preparing, own, transport and acquire» legally the seed of cannabis for personal use.
These articles, argue the judges, «they violate human rights to dignity, pluralism, personality, self-image, body and personal freedom».
With this decision, all that citizen who is interested in cultivating it or consume it for recreational purposes may request a permit from the Federal Commission for the protection against sanitary risks (Cofepris), and if the agency denies it may have recourse to a amparo and any judge should be resolved in its favour.
The Organization Mexico United against crime (MUCD) considered that determined this Wednesday is historic, because it opens the door to regulation of cannabis in the country.
«The five judicial decisions of the first Hall of the Supreme Court confirm as the prohibition is unconstitutional and that Mexico must go towards the regulation of drugs to improve the conditions of Justice and peace in the country», said MUCD.
«From now on, no judge should deny the human rights of persons cannabis users», said lawyer Andrés Aguinaco.
Declaring that they are unconstitutional articles of the General health law, explained the Organization, Congress will be forced to change this law, within a period of 90 days.
«The Supreme Court shall notify its decision to the legislature in order to initiate the process of legislative reform and ensure respect for human rights of all people, that they come without the judiciary to file an appeal», concerned MUCD.
«The Supreme Court did its work, from the impulse that we started from MUCD with SMART case in 2015. Therefore, the issue corresponding regulation, responsibility of Congress», said Lisa Sánchez, Director general of Mexico United against crime.
Last August the plenary of the Supreme Court approved the use of medical marijuana for the city of Mexico. With eight votes for judges set his stance in favor of medical or therapeutic use of cannabis.

Original source in Spanish

Related Posts

Add Comment