Cannabis in Mexico

Newsprint depicting trouble in Belem Prison due to cannabis use

In 1882, cannabis was banned at the military hospital in Mexico City, to prevent violence and disorder.[11] Stories of users committing violent crimes were widely circulated by newspapers in Mexico and border towns of the United States.[12] In 1920, Mexico banned the production, sale, and recreational use of cannabis.[13] In 1927, Mexico banned the export of cannabis.[14]

During the late 1970s, a controversial program sponsored by the US government sprayed paraquat on cannabis fields in Mexico.[15] 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.[16]

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 center rather than arrested or fined.[17] President Felipe Calderon 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.[18]

In November 2015, the Supreme Court 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.[19][20]

In June 2017, President Enrique Peña Nieto signed a bill into law to allow the medical use of cannabis products containing less than one percent THC.[21] 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.[22]

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.[23][24][25][26] On April 17 2020, the Supreme Court extended the deadline to December 15, 2020.[27]

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.[28] On June 10, 2021, the Supreme Court listed the ¨declaration of unconstitutionality¨ on their docket for a vote on June 28.[29]

On June 28, 2021, the Supreme Court voted 8–3 to legalize adult use marijuana under Mexican law.[30] 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.[31]