Although it covers only the plaintiffs in one case, activists say the ruling paves the way for Mexico to make history and end drug prohibition, in spite of social stigmas, a deadly drug war and strong opposition from politicians and the Catholic church.
A young man smokes a joint during a rally in front of Mexico’s supreme court. Photograph: Yuri Cortez/AFP/Getty Images
The first bench of the supreme court granted an injunction allowing four members of the Mexican Society for Responsible and Tolerant Self-Consumption (Smart) to grow, transport and smoke marijuana.
In a 4-1 ruling, the court found that prohibitions on using marijuana violated the “right to the free development of personality” – and were therefore unconstitutional.
“If these are unconstitutional for us, they should be unconstitutional for the entire population,” said Francisco Torres Landa, a lawyer and one of the four complainants winning the court case.
“Our long-term goal is that everything should be regulated,” he added. “None of us is seeking to have consumption be the real object … The goal is to make sure we create the basis to have the ability to challenge the actual basis for prohibition.”
The move potentially puts Mexico at the forefront of an international movement to decriminalize drugs – despite a decade-long militarized crackdown on drug cartels which has cost the lives of around 100,000 people.
Legalizing Marijuana Case
The marijuana case has ignited a debate about the effectiveness of imprisoning drug users in a country with some of the most conservative drug laws in Latin America. But across the region, a growing number of voices are questioning Washington’s strategy in the drug war. With little to show for tough-on-crime policies, the balance appears to be slowly shifting toward other approaches.
Uruguay enacted a law in 2013 to legalize marijuana, though the creation of a legal marijuana industry in the small country has unfolded slowly. Chile gathered its first harvest of medical marijuana this year. In Brazil, the Supreme Court recently debated the decriminalization of marijuana, cocaine and other drugs. And Bolivia allows traditional uses of coca, the plant used to make cocaine.
The Winning Debate
Their argument hinges on the concept of "the right to the free development of one’s personality," which is enshrined in Mexico's constitution. Essentially, it amounts to something like a right to self-determination: The state can't prevent you from say, eating junk lots of junk food, even if it's not great for your health. As long as you're not harming other people, you have the right to autonomy. And in this instance, the Supreme Court ruled that possessing and consuming marijuana falls under this category.
Mexican soldiers removed marijuana from a field of blue agave in September in Jalisco State.
Hector Guerrero/Agence France-Presse — Getty ImagesUruguay enacted a law in 2013 to legalize marijuana, though the creation of a legal marijuana industry in the small country has unfolded slowly. Chile gathered its first harvest of medical marijuana this year. In Brazil, the Supreme Court recently debated the decriminalization of marijuana, cocaine and other drugs. And Bolivia allows traditional uses of coca, the plant used to make cocaine.
The Winning Debate
Their argument hinges on the concept of "the right to the free development of one’s personality," which is enshrined in Mexico's constitution. Essentially, it amounts to something like a right to self-determination: The state can't prevent you from say, eating junk lots of junk food, even if it's not great for your health. As long as you're not harming other people, you have the right to autonomy. And in this instance, the Supreme Court ruled that possessing and consuming marijuana falls under this category.
Source : The Guardian, Nytimes, Washington Post
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