The initiative of the General Law for the Regulation and Control of Cannabis is one more step towards the recreational consumption of this plant in the country and could be even more friendly than the recent law of Canada.
This text was originally published on November 15, 2018
The next Secretary of the Interior, Olga Sánchez Cordero, presented on November 6 an initiative that issues the General Law for the Regulation and Control of Cannabis, in order to have a legal framework for the use of marijuana for personal, scientific purposes and commercial.
This initiative, if approved like this, could become a much friendlier law than the one recently approved in Canada, according to Emilio Rascón, founder of the civil association Barbas Rossa’s.
“We warn the law a little more permissive than the one in Canada because it gives you permission to self-cultivate, it’s something that Canada does not have. We have to wait and see what changes and it is clear that an initiative changes a lot, “said Emilio Rascón.
What Barba Rossa’s sees as positive and negative in Cordero’s initiative is:
- It is a particular initiative.
- You have the right to have up to 20 plants and produce less than 400 grams per year. There are modalities for marijuana such as medicine, commerce, and cooperatives.
The negative points:
- The registration of the plants before the authority is a situation that makes us out of place. Why do you want the plants registered?
- The limitation of the number of plants and the amount of grams that you can produce since this goes a bit against some fundamental rights.
“We are waiting for more secondary laws to be published so that we can clearly see what the registers, marketing permits or cooperatives are like. We expected it to be a bit more like Canada, where the state has more management, “said the founder of the AC.
“The legalization of recreational marijuana is very imminent due to the impulse of our northern neighbors, this took more speed. A few months ago we saw it farther away, right now we are foreseeing it for the first year of the new government, “said Emilio Rascón.
With the Morena party with the majority in the Congress of the Union, the approval of the initiative presented by Cordero should not take long.
A measure to access recreational marijuana is through a legal means such as amparo. Although according to the Barba Rossa’s team, the amparo is not what gives you permission.
“What the defense says is: Cofepris tell him, yes and what he is looking for is that the rights of citizens of the free development of personality be respected. What happens with the amparo is that fundamental rights are enforced, that is what helps to obtain permission to consume marijuana in a legal manner, “said Rascón.
To process an injunction the first instance is to go to Cofepris, although according to Rascón it is clear that the institution says no because they are not authorized to give that permission.
Faced with this refusal, an indirect amparo proceeding must be filed before the District Court on Administrative Matters.
“You write your writing, assert what fundamental rights are violating and present it before a court. They are competent in matters of constitutionality, which is why the amparo is won. “
In agreement with Emilio Rascón, before the jurisprudence of the five shelters granted by the Supreme Court of Justice of the Nation (SCJN) the road was long. The court refused entry, then had to file an appeal for review and wait for the SCJN to attract him to obtain a favorable resolution.
“Jurisprudence is mandatory for the entire judiciary, that is, any decision-making body in the country is obliged to comply with this jurisprudence. It is 100% probable that the amparo will be granted to any citizen, “said Rascón.
Barba Rossa’s AC
The non-profit association Barba Rossa’s was born this year with the slogan of offering the right to the recreational consumption of marijuana to all Mexicans who request it.
“And not only the right to the free development of freedom but also for the right that we have to associate for common interests,” said the founder of Barba Rossa’s.
The movement was created by four 4 professionals (3 lawyers and an architect): Emilio Rascón, Alejandro Guerra, Víctor Ibarra, and Roberto Ibarra.
So far they have 1,805 members among their ranks.
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