Landmark decision legalizes recreational use for marijuana club members only; move likely to force legislative action.
Al Jazeera, By Alfonso Serrano, November 4
Smoking marijuana is a basic human right. That extraordinary argument swayed Mexico’s Supreme Court on Wednesday, when it ruled that a federal health law prohibiting cannabis cultivation and personal use violates the constitution — an unprecedented decision that may trigger similar court appeals and pressure the country’s congress to weigh widespread legalization of the drug.
In a landmark interpretation of drug laws widely blamed for violence that has claimed thousands of lives in Mexico, a panel of five judges ruled in favor of a nonprofit marijuana club — the Mexican Society for Responsible and Tolerant Autoconsumption, or SMART — which argued that the health law violates the right to the “free development of one’s personality.” In essence, SMART lawyers successfully claimed that the constitution allows individuals the autonomy to experiment with the effects of cannabis despite the potential dangers the practice entails.
The 4-1 ruling followed an injunction filed by SMART against a 2013 ruling by Mexico’s health regulator that prohibited the organization from cultivating and consuming cannabis for recreational purposes.
“It’s a historic ruling because it centers the drug policy discussion on human rights, because it declares that prohibitions concerning personal use and cultivation are excessive,” said Lisa Sánchez, Latin America program manager for U.K.-based the nonprofit Transform Drug Policy Foundation. “This is a very important step. It not only gives us jurisprudence. It demonstrates an incoherence between the country’s most qualified jurists and congressional legislation. This should have an effect on Congress to reform [drug] policy as soon as possible.”