They urge the Legislature to comply with the marijuana law

Six months after the plenary session of the Supreme Court of Justice of the Nation (SCJN) issued the general declaration of unconstitutionality that eliminates the prohibition on the recreational use of cannabis and Tetrahydrocannabinol (THC), which together are known as marijuana, the issue of decriminalizing the recreational use of the drug remains stuck in the Congress of the Union despite the fact that it has been discussed and voted on over and over again by federal senators and deputies since 2017.

Pablo Girault, a member of Mexico United Against Crime (MUCD), and Fernando Dworak, an expert in legislative matters, affirmed that it is urgent that the Legislative power is committed to complying with the judicial resolution.

On June 28, 2021, with their resolution, the ministers again urged the Legislative branch to legislate on the constitutional right to recreational self-consumption of marijuana to generate legal security for users and third parties, and to issue information for the exercise responsible for this right.

“Clearly it is urgent to legislate on the matter”, said Girault for whom there is no political will from the Legislative power, nor from the federal Executive to resolve the matter.

“The president (of the Republic) when he was in the opposition and was campaigning said that he was going to pass it”, he commented in relation to the aforementioned decriminalization.

“He has had a majority in both chambers and he has not passed it because he did not want to; everything else has passed, except for the decriminalization of marijuana for recreational use”. matter, which is still pending a vote.

“The Supreme Court has already told them that they have to modify that law because the articles declared unconstitutional, those that penalize recreational use, are no longer valid for no one. Therefore, there is a gap. Nor have they published the Regulations for the use of medical marijuana; they didn’t want to”.

In his opinion, the fact that the use of marijuana is not decriminalized has an impact on the levels of violence and insecurity in the country.

Although he clarified that this does not mean that the moment the legislation on marijuana consumption comes into effect, the problem of violence in Mexico will end, because it is clear that the problem is no longer just one of drug gangs, but from organized crime gangs that are in many other businesses and that are taking control of the territory.

Pressure on Congress

For his part, Dworak recalled that the Court has the power to expand freedoms, when the Legislative power “does not want or cannot take a decision”, as in the case of the decriminalization of the recreational use of marijuana.

“The Court cannot compel Congress to legislate on the subject, but certain of its interpretations expand the margin of liberties”.

From his point of view, “s If there is adequate pressure from groups interested in liberalizing consumption (of marijuana) and certain trade conditions, Congress will react; does not react because the urgency is marked by organized groups of citizens.

“We are talking about a problem of incidence and strategy for decision-making by pressure groups, not so much of a political will”, he assured, to force the Legislative power to legislate on the matter.

“This is how legislative bodies often work. You have to go with the key legislators for an issue”.

Recreational use, contrary to UN treaties: INCB

For the International Narcotics Control Board (INCB) of the United Nations Office on Drugs and Crime (UNODC). in English), it is of the utmost importance the decisions that the legislators of the Union Congress will take regarding the regulation of cannabis in Mexico since, they warn, a regulation for recreational purposes is contrary to international conventions of the UN.

Raúl Martín del Campo, a member of the INCB, points out that with regard to Mexico, the International Board is following up on issues related to the regulation of the different chemical precursors in the country, in addition to the possibility that the Nation strengthens its drug prevention and treatment programs and regarding the decisions it is going to make on the regulation ion of cannabis above all, he said, whether or not they are going to be consistent with the international conventions on the matter and to which Mexico is a party.

“The INCB is observing it, it is waiting for the steps to be specified because they are not yet sufficiently specified and the INCB is in communication with the Mexican government precisely to advise it on this issue” he explained.

And the fact is that the also expert in addiction prevention and control recalled that the regulation of a legal cannabis market for adult recreational purposes would go against international conventions, since the board it only accepts its medicinal and scientific consumption.

“The WHO (World Health Organization) has stated that smoking cannabis is not the best way to administer the medicine,” he said. .

In the past, the INCB has warned about the health impact of the use of this drug, by emphasizing that the 1961 Convention, to which Mexico is a signatory, has the objective of protecting the health and well-being of humanity and cannabis is not only addictive, but can affect some fundamental functions of the brain.

According to the UNODC, smoking marijuana is more carcinogenic than smoking tobacco and its approval will have the perverse effect of encouraging its early experimentation, reducing the age of the first time it is uses, in addition to contributing to developmental problems, addiction and other disorders.

Background

It was in 2007 when federal deputy Elsa Conde Rodríguez, of the then Social Democratic and Peasant Alternative Party (PASC), presented the first initiative on the use of marijuana in which proposed to regulate the safe and legal access for the medicinal consumption of Cannabis. The project also sought to allow self-cultivation of the plant and the creation of a law for drug users.

However, it took another nine years for the issue to be taken up again. seriously in the Congress of the Union. In 2016, the Senate approved an initiative sent by President Enrique Peña Nieto in which it was established that the Ministry of Health should design public policies to regulate the medicinal use of this plant and its derivatives.

While, in 2018, and after several citizen appeals against the administrative prohibition of cannabis, the Supreme Court of Justice of the Nation declared the absolute prohibition of personal use of this plant unconstitutional, and with it ordered to Congress to legislate on the matter, an action that remains pending.

Green path to regulation

• 2018- The SCJN resolved the fifth amparo that declares the absolute prohibition of the personal use of cannabis unconstitutional, for which it ordered Congress to legislate on the matter.
• 2019- The Senate requests the first extension to SCJN. The highest court granted it in November of that year.
• 2020- The Supreme Court confirmed a second extension. Which expired in December 2020.
• 2020- In November, the Senate approved the draft opinion by which the Law for the Regulation of Cannabis is issued and it is turned over to the Lower House.
• 2020- The deputies requested the third extension to the Supreme Court of Justice. The SCJN agreed to grant it and set a limit until April 30, 2021.

2021- In March, a law is approved in San Lázaro and the Upper House takes turns, however, the Senate announced that it would seek another extension.

• 2021- In June the SCJN invalidates, with general effects, the absolute prohibition contained in the General Health Law to carry out activities related to playful self-consumption.

2021- In July, the General Declaration of Unconstitutionality was published in the Official Gazette of the Federation. In which it was established that Cofepris will have to authorize permits to consume and carry marijuana for recreational purposes and the guidelines to acquire the seed.

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