Court to Consider Marijuana Legalization in Mexico as Personal Liberty Issue Sergio Sarmiento - Reforma
go to original October 20, 2015

Arturo Zaldivar Lelo de Larrea [minister (justice) of the Supreme Court] has shown great courage by presenting the Supreme Court’s first chamber a draft proposal to

“resolve the unconstitutionality of Articles 235, 237, 245, 247 and 248 of the General Health Law, which ban the Secretariat of Health from issuing authorizations to perform acts related to personal use for recreational purposes (sowing, growing, harvesting, preparing, possessing, transport), solely in relation to marijuana.”

The minister recognized a fact that science proved long ago. Marijuana is less harmful than many other products currently consumed or traded legally. Zaldivar did not limit himself, however, to a utilitarian analysis of the relative harm caused by different substances. His text offers a valuable recognition of people’s freedom to decide for themselves, a freedom that the Mexican government has repressed for too long:

“This High Court considers the ability to responsibly decide whether to experience the effects of this substance, despite the damage this activity may cause a person falls within the strict scope of personal autonomy, protected by the right to free development of personality."

Minister Zaldivar’s draft resolution was created due to a request from the Mexican Society for Responsible and Tolerant Self-consumption (SMART) to Cofepris [Federal Commission for Protection Against Health Risks] to grant its members a permit to grow marijuana for personal consumption. Cofepris denied the petition, which caused SMART to file an order of protection, which was resolved negatively in the first two courts, by a district judge and then a collegiate [appeals] court. Minister Zaldivar’s positive response, therefore, has caused surprise.

Read the rest at Mexico Voices

Translated by Ruby Izar-Shea

Mexico Voices is a blogging endeavor aimed at raising the awareness of U.S. citizens regarding the destructive impact of the U.S. economic policy and the War on Drugs on Mexico — on its people, their economic and physical security and their human rights, on the nation’s dysfunctional justice system, and on the rule of law and Mexico’s fragile democracy. Visit the website at MexicoVoices.blogspot.mx

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