As of this Monday, February 25, all federal judges of the country will be required to grant amparos for the recreational use of marijuana.
This was determined by the Supreme Court of Justice of the Nation (SCJN), after publishing last February 22 eight jurisprudences that recognize the right to the free development of personality with freedom of conscience and expression and right to health in this matter.
These arguments served to grant five amparos that allow each citizen to carry, possess and consume cannabis, reports the newspaper Milenio.
These theses were published after in October 2018 necessary amparo trials were held against five articles of the General Health Law that punish consumption.
According to the Mexican newspaper, in that month the fifth amparo necessary to issue jurisprudence that allowed the recreational consumption of marijuana was delivered, with the necessary approval of each of the respective theses by the First Chamber.
“Based on Article 231 of the Law of Amparo and the Second Point of General Agreement 15/2013 of September 23, 2013, requests to this high court the General Declaration of Unconstitutionality of articles 235, last paragraph; 237, 245, fraction I, 247 last paragraph and 248 of the General Health Law “,
The court notified the Senate and the Chamber of Deputies on February 13, the approval of the theses, which began to count the period of 90 calendar days for legislation. Otherwise, the plenary session of ministers will decide on the general declaration of unconstitutionality.
CRITERIA
THE EIGHT THESIS SCJN 1. The absolute prohibition is not a proportional measure to protect health and public order. 2. Absolute prohibition of marijuana for constitutionally valid purposes. 3. Unconstitutionality of the absolute prohibition. 4. Rights of third parties and public order. 5. Right to health protection. 6, 7 and 8. Right to the free development of personality in different topics.
Source: milenio, forbes
The Mazatlan Post
