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Country Mexico's Supreme Court Legalizes Marijuana

Ted

Old Member
Admin
In case you were busy with trick or treating yesterday, Mexico just legalized cannabis! Their Supreme Court decided that the ban on marijuana is unconstitutional. This makes the US the island of prohibition and there is little doubt that many countries are going to follow suit quickly. This stuff isn't a slow fire these days. Are you in Mexico? If so, what does this look like on the ground? I am very excited and the implications are far-reaching.

I think one of the biggest things to come will be the increased difficulty in stopping weed from coming across the border now that one side has zero incentive to stop it. Another would be the quality of Mexican weed can increase to compete with the local grows in our states. All of this will play out soon enough, but I am very glad to see another nail in this coffin!!
 

Cancun Manny

Meh
Registered
Hello, not sure how active your forum is.

I am not an expert, and I did see your other write up about pot in Mexico that you posted on May 2019, but I just noticed that was for legalizing ALL drugs.

Ok, so how are things in Mexico with pot? Well the whole thing is a legal spider web. The first 5 cases finally went to court, and once 5 similar cases get the same outcome it becomes jurisprudence. Basically now all Federal Judges have to rule the same way, what in USA is referred to as case law.

However, pot is still not legal. One first has to request the national health department (COFEPRIS) a permit for one to be able to grow, consume, transport cannabis for recreational purposes and with ZERO commercialization. First game they were playing was that COFEPRIS would just not answer the petition, but now enough people have gone to court, that if COFEPRIS doesn't respond within 60 working days, it is the same thing as them denying you such permit.

Once you got your written declination letter or you can prove that is has been over 60 days and you haven't heard back, you can then put in legal documents to have a local federal judge review the case. Because of the case law on the books such judge would have no other choice but to grant judge orders to COFEPRIS to grant you such permit. This is as far as I've gotten. I got my refusal letter shortly before covid 19 started, and since then most of the courts are either closed or working very few cases. Once I am able to turn in my paperwork at the courts, it should take anywhere between 6 months to a year before I get a resolution.

Once someone is granted the permit they can transport as much as they want for personal use (seems that could include up to kilos but not tons), you can transport it via regular airlines, and if they refuse to let you board with it you can even sue the airlines for discrimination. Seems you can grow as much as you can consume, and they are not really giving any limit on the number of plants one can grow. The key here is FOR PERSONAL USE.

Seems any type of sharing of one's stash would still be considered illegal. The attorney that answered my questions did mention the whole sharing is not well defined. If you have a permit and I have a permit, if we share a joint we could still be breaking the law. Again, the whole concept being one being able to grow and process as much pot as they want for personal use, but they still can't sell it, share it, gift it with anyone else, regardless if they have or don't have a permit.

Also it is meant to be consumed only in private property. Smoking a joint in the beach would still be a crime, but oddly enough just having weed on the beach wouldn't be a crime if you do have a permit.

At the same time there are (or were) strong talks about legalizing it outright, but with a bunch of the classic BS restrictions. The last proposal talked about a low number of plants, like 10. I am trying to get the permit, since it seems that if we do get a permit (which would be for life) before they legalize it with all the restrictions, the permit would grandfather me in, and I wouldn't have to follow those restrictions.

Basically for those that have a permit today they can literally get on a plane and travel with half a pound. If next year new legislation comes out stating everyone can transport up to 20 grams, those that have the permit could continue to transport higher quantities.
 
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Ted

Old Member
Admin
I never expected someone to follow this up, and especially with a nice write-up! Thank you for sharing all of this insight. When I posted this we had only gotten the news on that day so I never circled around because I don't live there and it's not in the forefront of my mind. I hope you can get your permit eventually. This Covid situation is making things much harder for sure.
 
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