It started with Uruguay in 2013, then came Canada in June 2018. This was followed by a recreational legalization in Georgia in July 2018, and now by Mexico in 2021. Though the US and Australia both boast legal locations, Mexico is now the 4th legalized country to allow recreational cannabis use nationwide.
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The mess: how Mexico became a legalized country
In order to understand what just happened, and how it impacts life in Mexico, it helps to understand the recent history that led up to it. The legalization process began at the end of 2018 when a fifth consecutive Supreme Court ruling was made in support of defendants and their use of recreational cannabis. In Mexico, jurisprudencia kicks in when the supreme court makes five consecutive rulings on any matter, in the same way. That ruling becomes binding for all lower courts, essentially setting law that the legislative section of government must catch up with to stay in concert with the courts.
The Supreme Court rulings started in 2015 with a case against The Mexican Society for Responsible and Tolerant Self-Consumption. They ended in October 2018 with two cases that got ruled on in the same month, both about the ability for an adult to use cannabis recreationally. The court found that personally developed human beings must be allowed to choose their own recreational activities without the interference of government. It is stipulated in the Mexican constitution that personal development is a given freedom of the Mexican people.
All this enacted jurisprdencia, thereby ending the ability for lower courts to find an individual guilty of personal possession, use, and cultivation crimes. However, the Court ruling itself only stipulated that cannabis prohibition is unconstitutional, the Court doesn’t set up criminal penalties or regulated markets. This is done by legislation in Congress. Once the Supreme Court made the final ruling to end prohibition, the ball went to Congress’s court to pass an actual law with fundamentals.
Of course, if you’ve been following along, you know this didn’t happen. In fact, four times the government failed to do its duty, continuously asking for extensions until it missed its most recent deadline of April 30th 2021. The initial period of time given to the government to fulfill its duty, was one year. At the end of 2019, Congress was granted its first extension. This was followed by a second in April, 2020, and a third extension on December 15th, 2020.