Mexican Supreme Court Issues Vague Support for Ending Prohibition

Mexican Supreme Court Issues Vague Support for Ending Prohibition
High Times

On May 11, the Mexican Supreme Court ruled in favor of “Édgar,” a young man facing prosecution for the last four years for cannabis possession. While he was absolved of his “crime,” the court failed to completely eliminate the criminalization of simple possession, ruling that it was not the police, but rather prosecutors and judges who should decide if possession is for personal use or not. According to at least some of the judges, this was a victory. “The fact that the Public Prosecutor’s Office is allowed to initiate criminal proceedings against a person who possesses more than 5 grams of cannabis for personal consumption amounts to punishing moral qualities [and] personal behavior, which has no constitutional basis,” wrote Supreme Court Justice Juan Luis González Alcántara. “Criminal prosecution of the person who possesses cannabis in his or her private sphere, without affecting third parties or provoking a criminal incident, is not justified.” Advocates, however, believe that this is a muddy, inconsequential decision by the Court (after years of behaving otherwise). Namely, they say the ruling is contradictory because it does not totally eliminate criminal charges for personal possession. Further it gives the public prosecutor too much leeway in deciding whether to pursue charges. People are still liable to be held by the police for up to 48 hours if arrested for possession, and of course, the resources taken up by this activity are still consequentially large. In 2020, more investigation files and preliminary investigations were initiated for simple cannabis possession than homicide (country wide). Setting The Pace of Reform? The decision is also clearly a surprise to court-watchers. Almost alone in the world at this point (apart from decisions in South Africa and Georgia), the Mexican Supreme Court has taken bold stands on the connection between cannabis possession, use, and…

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Source : Mexican Supreme Court Issues Vague Support for Ending Prohibition

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