The First Chamber of the Supreme Court reported that there is jurisprudence for all judges to grant amparos to those who require it, for the recreational use of marijuana. The resolution will be published in 6 days.
The recreational and recreational use of marijuana in Mexico is one step away from being achieved. The First Chamber of the Supreme Court of Justice of the Nation approved the eight jurisprudences that support the use of the herb for these purposes.
Once the ruling is published in the Judicial Weekly, all the federal judges of the country will be obliged to grant amparos to the persons who request them to consume marijuana in a legal manner.
It is expected that on February 22 the judicial texts will be published in the Judicial Weekly of the Federation so that it is communicated to the judges of the country that must grant, without delay, the respective protections to any citizen that requires the permission to freely plant, harvest , transport and smoke, without commercial purposes and without affecting third parties.
This First Chamber understands that the fundamental right to the free development of the personality allows, prima facie, that people of legal age decide without interference what type of recreational or recreational activities they wish to carry out, as well as carry out all the necessary actions or activities to be able to materialize said election ” , the thesis points out.
The jurisprudences derived from the five amparos resolved by the first courtroom between 2015 and 2018. One of them was the one that was granted, last June, to the former senator and exasperant to the Presidency of the Republic, Armando Ríos Piter ; the resolution protects him against any act of authority that prevents him from free consumption, acquisition of seed, until he prepares, possesses and transports cannabis.
Activists of the Mexican Society of Responsible Self-Consumption , the litigant Ulrich Richterand two other individuals, also have the protection of federal justice for the same purposes.
After the publication of the jurisprudence in the official informative organ of the Judicial Power, the Congress of the Union shall be notified ; as of that moment, the legislators will have a period of 90 calendar days to modify or repeal the five articles of the General Health Law that prohibited the recreational and recreational use of marijuana and that were declared unconstitutional.
” This First Chamber concludes that the prohibition contained in articles 235, last paragraph, 237, 245, section I, 247, last paragraph, and 248 of the General Health Law, effectively (…) constitute a legal obstacle that prevents the exercise of Right to decide what kind of recreational or recreational activities you want to perform, ” the document says.
For Sara Znapp , who promoted an amparo and is a co-founder of the RIA Institute (Mexico) and a member of the Collective Drug, Policy and Culture , said that processes are still pending to finalize the legalization of marijuana in Mexico.
He explained that they have had contacts with senators and federal deputies.
” We have requested a working group, where we could create a counterpoint of civil society and the health and safety committee in the Senate (…) we are getting closer, ” he said.
” What we have heard is that it will happen, there is political will, but it has been difficult with the political conjuncture , ” he said.
In case the Legislative Power omits the notice, the full Court will initiate the respective procedures to make the general declaration of unconstitutionality , whose effect is to expel from the Law the five unconstitutional articles.
This opens the door for anyone to start their own process before COFEPRIS, and then seek protection before a judge. Recall that case law does not bind any other authority than those of the judiciary, so neither the police, nor COFEPRIS, nor the Ministry of Health are obliged to recognize this right until the amparo is delivered.
In a few words, until you are protected, you still run the risk of being arrested for possession of cannabis. We invite readers to express caution with their consumption and not risk their safety.
Source: Heraldo de Mexico
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