Cannabis in Mexico became legal for private, recreational use in June 2021, upon application and issuance of a permit from the health secretariat,
COFEPRIS
The Federal Commission for Protection against Health Risks (in Spanish, Comisión Federal para la Protección contra Riesgos Sanitarios, Cofepris) is a regulatory body of the Mexican government. It is a decentralized organ of (and supervised by) t ...
(). On 29 June 2021, the
Supreme Court of Mexico decriminalized the recreational use of cannabis. President
Andrés Manuel López Obrador
Andrés Manuel López Obrador (; born 13 November 1953), also known by his initials AMLO, is a Mexican politician who has been serving as the 65th president of Mexico since 1 December 2018. He previously served as Head of Government of Mexico ...
signed a bill that allows adults 18 and over to possess up to 28 grams of cannabis and grow up to six marijuana plants on their property.
The Supreme Court of Mexico first declared the law prohibiting its use unconstitutional on October 31, 2018. The effect of the ruling is that the
Congress of Mexico
The Congress of the Union ( es, Congreso de la Unión, ), formally known as the General Congress of the United Mexican States (''Congreso General de los Estados Unidos Mexicanos''), is the legislature of the federal government of Mexico cons ...
was ordered to formally legalize
cannabis
''Cannabis'' () is a genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed. Three species may be recognized: ''Cannabis sativa'', '' C. indica'', and '' C. ruderalis''. Alternatively ...
within a period of 90 days. However, the Mexican Congress did not abide and the Supreme Court has often extended the deadline.
Cannabis has been illegal since 1920, personal possession of small amounts was
decriminalized in 2009, and medical use of
THC
Tetrahydrocannabinol (THC) is the principal psychoactive constituent of cannabis and one of at least 113 total cannabinoids identified on the plant. Although the chemical formula for THC (C21H30O2) describes multiple isomers, the term ''THC' ...
content less than one percent was legalized in 2017.
On March 10, 2021, the
Chamber of Deputies
The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures.
Description
Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
passed a bill legalizing recreational marijuana, which was expected to go before the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
by April 30, 2021. If the bill had been approved, the bill would have gone before the
President of Mexico
The president of Mexico ( es, link=no, Presidente de México), officially the president of the United Mexican States ( es, link=no, Presidente de los Estados Unidos Mexicanos), is the head of state and head of government of Mexico. Under the Co ...
in order to be signed into law.
After the April 30, 2021 deadline, there was a 10 day period for the Senate to ask the Supreme Court of Mexico for a time extension. However, before the deadline expired, some lawmakers decided to seek a special legislative session after the June elections. On June 10, 2021, the Supreme Court decided to list the ¨declaration of unconstitutionality¨ on its docket for a vote on June 28. The Court voted to legalize adult use of marijuana in an 8-3 decision.
History
Cannabis was introduced to
Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
by the
Spanish
Spanish might refer to:
* Items from or related to Spain:
**Spaniards are a nation and ethnic group indigenous to Spain
**Spanish language, spoken in Spain and many Latin American countries
**Spanish cuisine
Other places
* Spanish, Ontario, Can ...
as early as the 16th century, in the form of
hemp
Hemp, or industrial hemp, is a botanical class of ''Cannabis sativa'' cultivars grown specifically for industrial or medicinal use. It can be used to make a wide range of products. Along with bamboo, hemp is among the fastest growing plants o ...
. Spain encouraged the production of hemp in the territory, which was used to produce rope and textiles.
Following the
Mexican War of Independence
The Mexican War of Independence ( es, Guerra de Independencia de México, links=no, 16 September 1810 – 27 September 1821) was an armed conflict and political process resulting in Mexico's independence from Spain. It was not a single, co ...
(1810–1821), hemp farming decreased as
subsidies
A subsidy or government incentive is a form of financial aid or support extended to an economic sector (business, or individual) generally with the aim of promoting economic and social policy. Although commonly extended from the government, the ter ...
from Spain evaporated.
Some academics also believe that indigenous Mexicans adopted psychoactive cannabis as the drug ''
Pipiltzintzintli
The ancient Aztecs employed a variety of entheogenic plants and animals within their society. The various species have been identified through their depiction on murals, vases, and other objects.
History
There are many pieces of archaeologic ...
'' for ritual purposes and divination. By 1898,
cannabis use was prevalent in Mexico. The drug was commonly used for recreational purposes and as a folk remedy to treat pain—particularly among military personnel and the lower class.
Prohibition
![Marijuana in Belen Prison](https://upload.wikimedia.org/wikipedia/commons/0/0e/Marijuana_in_Belen_Prison.JPG)
In 1882, cannabis was banned at the military hospital in Mexico City, to prevent violence and disorder.
Stories of users committing violent crimes were widely circulated by newspapers in Mexico and border towns of the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. In 1920, Mexico banned the production, sale, and recreational use of cannabis. In 1927, Mexico banned the export of cannabis.
Eradication
During the late 1970s, a controversial program sponsored by the US government sprayed
paraquat on cannabis fields in Mexico. Following Mexican efforts to eradicate cannabis and poppy fields in 1975, the United States government helped by sending helicopters and other technological assistance. Helicopters were used to spray the herbicides paraquat and
2,4-D on the fields; cannabis contaminated with these substances began to show up in US markets, leading to debate about the program.
Reform
Decriminalization (2009)
On 21 August 2009, Mexico
decriminalized the possession of small amounts of cannabis and other drugs in order to reduce the illicit drug activity. Maximum amounts which could be considered "personal use" were established. Under the new law, anyone caught with up to five grams of cannabis will be advised to seek a
drug rehabilitation
Drug rehabilitation is the process of medical or psychotherapeutic treatment for dependency on psychoactive substances such as alcohol, prescription drugs, and street drugs such as cannabis, cocaine, heroin or amphetamines. The general inte ...
center rather than arrested or fined. President
Felipe Calderon
Felipe is the Spanish variant of the name Philip, which derives from the Greek adjective ''Philippos'' "friend of horses". Felipe is also widely used in Portuguese-speaking Brazil alongside Filipe, the form commonly used in Portugal.
Noteworthy ...
claimed the change would allow law enforcement to focus on major traffickers rather than minor consumers. In practice, minor drug possession was already widely tolerated by police.
2015 Supreme Court ruling
In November 2015, the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
ruled that four individuals from the Mexican Society for Responsible and Tolerant Personal Use (SMART) would be permitted to grow and consume their own cannabis. The court voted 4–1 that prohibiting people from growing the drug for personal consumption was unconstitutional as it violated the human right to the free development of one's personality.
Limited medical use legalized (2017)
In June 2017, President
Enrique Peña Nieto
Enrique Peña Nieto (; born 20 July 1966), commonly referred to by his initials EPN, is a Mexican politician who served as the 64th president of Mexico from 1 December 2012 to 30 November 2018. A member of the Institutional Revolutionary Party ...
signed a bill into law to allow the medical use of cannabis products containing less than one percent
THC
Tetrahydrocannabinol (THC) is the principal psychoactive constituent of cannabis and one of at least 113 total cannabinoids identified on the plant. Although the chemical formula for THC (C21H30O2) describes multiple isomers, the term ''THC' ...
.
The bill passed the Senate by a 98–7 vote in December 2016 and the Lower House of Congress by a 371–19 vote in April 2017.
2018 Supreme Court ruling
On October 31, 2018, the Supreme Court ruled that the law prohibiting recreational use of cannabis in Mexico was unconstitutional. As this was the fifth time that the court had ruled in such a way, it set a binding precedent across the country's court system. The effect of the ruling was that the law prohibiting cannabis still remained in effect, but that it should no longer be enforced due to the fact that anyone could cite the ruling and demand that their charges be thrown out. The ruling mandated that the government of Mexico move to formally legalize cannabis within the next 90 days. On April 17 2020, the Supreme Court extended the deadline to December 15, 2020.
2021 legislation
On March 10, 2021, the lower house of the Mexican Congress approved a bill legalizing recreational cannabis, in a 316-to-219 vote. The legislation had been expected to pass through the Senate before being sent to President Andrés Manuel López Obrador, who has signaled support for legalization, however the legislation was not completed before the end of the legislative session and the Legislature did not ask for an extension. Some lawmakers floated the idea of a special session after the June, 2021 elections. On June 10, 2021, the Supreme Court listed the ¨declaration of unconstitutionality¨ on their docket for a vote on June 28.
2021 Supreme Court ruling
On June 28, 2021, the Supreme Court voted 8-3 to legalize adult use marijuana under Mexican law. However, state and federal penal laws remain in place, pending action by the Mexican Congress to clean up inconsistencies and remove penal language. No legal structure has been put into place allowing for legal sale of marijuana, nor are there provisions for commercial growth and production. Meanwhile, those incarcerated for sale or possession have no path to release. All these await legislative action to bring Mexico's laws into alignment with the Supreme Court rulings. Unlike in the US, a Supreme Court ruling does not automatically invalidate all existing laws. Congress has had years to act, but has not yet done so successfully.
Views on cannabis
In 2008, only about 7 percent of Mexico's citizens were in favor of legalizing
cannabis
''Cannabis'' () is a genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed. Three species may be recognized: ''Cannabis sativa'', '' C. indica'', and '' C. ruderalis''. Alternatively ...
. That number has grown in the last few years to about 33 percent in favor of legalizing
recreational
Recreation is an activity of leisure, leisure being discretionary time. The "need to do something for recreation" is an essential element of human biology and psychology. Recreational activities are often done for enjoyment, amusement, or pleasure ...
use.
This was due to the fact that the
war on drugs
The war on drugs is a Globalization, global campaign, led by the United States federal government, of prohibition of drugs, drug prohibition, military aid, and military intervention, with the aim of reducing the illegal drug trade in the Unite ...
in
Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
has claimed thousands of lives and destroyed families. The recent legislation of cannabis in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
could be a factor in making
Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
rethink its views on cannabis. One factor against the regulation of cannabis use in Mexico can be because the majority of Mexico's citizens identify as Catholic. The Catholic Church is against the use of cannabis when used for
recreational
Recreation is an activity of leisure, leisure being discretionary time. The "need to do something for recreation" is an essential element of human biology and psychology. Recreational activities are often done for enjoyment, amusement, or pleasure ...
purposes.
Pope Francis
Pope Francis ( la, Franciscus; it, Francesco; es, link=, Francisco; born Jorge Mario Bergoglio, 17 December 1936) is the head of the Catholic Church. He has been the bishop of Rome and sovereign of the Vatican City State since 13 March 2013. ...
said that decriminalizing the drug does not solve the addiction problem.
See also
*
Mexican Drug War
*
Operation Intercept Operation Intercept was an anti-drug measure engaged by President Richard Nixon from 21 September to 11 October 1969 that resulted in a near shutdown of border crossings between Mexico and the United States. The initiative was intended to reduce the ...
References
External links
*
{{Cannabis by country