It has been a long slow road to the legalization of marijuana but, on June 27th, Mexico’s Supreme Court stepped in to abolish laws that criminalize the recreational use of cannabis after congress failed to comply with the mandate to pass the legislation.
The prohibition of cannabis was declared unconstitutional in 2018, yet the bill was not pushed through, even after three extensions, so the Supreme Court moved to vote, with 8-3 in favour.
Individuals aged 18 or older who wish to obtain cannabis must apply for a permit from Cofepris, the Federal Commission for Protection against Health Risks. Permit holders will be allowed to possess up to 28 grams of cannabis and may also apply for authorization to cultivate and harvest marijuana plants for personal use. Additionally, local farmers will have the opportunity to apply for licenses to grow and sell cannabis.
Like alcohol restrictions in force, minors can not consume cannabis, and it will be illegal to drive any vehicle or use heavy equipment after smoking or ingesting cannabis. In addition, understand that it is still illegal to sell drugs, even cannabis.
Cofepris must now draft the guidelines and regulations of growing, carrying and use. Mexico must now wait for the court’s orders to be implemented and find out the process of using and growing cannabis.
It is important to note that individuals who do not have a permit from the Federal Commission for the Protection against Sanitary Risks (COFEPRIS) and are found in possession of more than 5 grams of marijuana will be committing a federal offense related to health in the area of narcotics. This offense carries a prison sentence ranging from 10 months to 25 years, as well as a fine of 80 to 500 days, depending on the specific circumstances and facts of each case.