Mexico’s Supreme Court Strikes Down Marijuana Prohibition After Lawmakers Fail To Act

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Nearly three years after Mexico’s Supreme Court ruled that the nation’s marijuana prohibition is unconstitutional, it voted on Monday to end criminalization on its own because lawmakers failed to pass a legalization bill by a key deadline. The court in 2018 ordered the legislature to enact a policy change. But while both chambers of the Congress advanced reform legislation in varying forms—and required multiple deadline extensions to do so—it was ultimately unable to fulfill that obligation on time by the end of the most recent session. Minister Norma Lucía Piña Hernández, who serves on the high court, filed a general declaration of unconstitutionality earlier this month, setting the stage for Monday’s vote. The 8-3 vote means that marijuana possession and cultivation for personal use will be legal nationally. The Ministry of Health would still have some regulatory authority with respect to permitting personal cultivation, but people will no longer need to submit requests for legal protections through a more complicated judicial process. Advocates say this decision underscores the need for legislators to expeditiously pass a measure to implement a comprehensive system of legal and regulated sales. They want to ensure that a market is established that’s equitable, addresses the harms of criminalization on certain communities and promotes personal freedom. Los efectos del proyecto: la Secretaría de Salud, a través de COFEPRIS, tendría que autorizar el autocultivo de #cannabis para fines de consumo personal adulto. Esto NO significa que todo el mercado de cannabis sea legal ni que quienes consuman queden excentos de limitaciones. — Lisa Sánchez (@lismarybaby) June 28, 2021 Lawmakers came close to achieving that goal over the past three years—but failed to get the job done. The Senate approved a legalization bill late last year, and then the Chamber of Deputies made revisions and passed it in March, sending…

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