Mexico's Supreme Court could legalize cannabis consumption by the end of July

After the Senate failed to comply with its commitment to enact legislation Regarding the recreational use of cannabis before the end of April, the Supreme Court of Justice of the Nation (SCJN) announced that it will exercise its constitutional powers. By the end of July, it will issue a general declaration of unconstitutionality to overturn all provisions of federal codes and laws that criminalize cannabis use.

In 2018, the The Mexican Supreme Court had ruled that the ban on personal cannabis use and cultivation violated the constitutional right to self-actualization. However, the Supreme Court’s decisions must become law before they take effect.

The Mexican Congress has nevertheless struggled to pass laws in favor of cannabis. The Senate requested two extensions to the High Court and simply allowed the final deadline to expire without requesting an extension.

Like the court’s 2018 ruling, the ruling declaring the law unconstitutional would not permit the establishment of a commercial cannabis industry, nor the production of cannabis—whether at home or by a business—nor the sale or distribution of the plant.

This would «simply» involve removing five sections from the General Health Act (General Health Act) related to cannabis use. Judges will have to decide whether this ruling applies to past crimes and whether individuals should be released or have their criminal records expunged if the offenses are no longer considered crimes.

For the plenary session to overturn the provisions of the law, it will need to secure a qualified majority of 8 out of 11 votes—a number that will be difficult to achieve, especially since many judges are considered close allies of President Andrés Manuel López Obrador, who is sometimes seen as an opponent of cannabis legalization in Mexico.