The federal government is reviewing the amount of marijuana allowed for personal consumption (five grams [.18 oz] at present), the eventual introduction of marijuana for medicinal purposes, and the non-criminalization of users.
MV Note: In November 2015, the First Chamber of the Mexican Supreme Court of Justice, composed of five member of the eleven member court, granted an amparo, injunction, to four persons who had applied, as a test case, to the Federal Commission for Protection Against Health Risks (COFEPRIS) for permits to grow marijuana for their personal consumption. The court ordered COFEPRIS to issue the permits on the grounds that prohibition of such violated the constitutional right to the free development of personality.
For the decision to be generally applicable, the First Chamber needs to resolve consecutively four other similar amparos, also with four favorable votes. COFEPRIS recently announced that it has received over 200 more requests for permits since last December and that it will reject them, which will lead to more appeals to the Supreme Court. This led the government to organize a national debate on marijuana, to conclude by the end of March. Congress has also held hearings on the issue. In announcing the debate, Peña Nieto stated he is opposed to eliminating the prohibition against the legal growing and selling of marijuana.
Roberto Campa, coordinator of the Forums for Consultation About Marijuana Use called by the government:
According to federal officials, the prisons are full of people accused of dealing drugs for carrying small amounts of marijuana whose value did not exceed, on the illegal market, 5,000 pesos [US$288.00].
In some states of the northern neighbor [United States], the allowable weight for personal consumption exceeds 30 grams [1 oz.], a level similar to that proposed by one segment of the PRD [Party of the Democratic Revolution].
Last November, the Supreme Court of Justice of the Nation granted amparos [court-ordered protection, similar to injunction] to four people for the recreational use of marijuana. President Peña Nieto immediately ordered a [public] debate on marijuana use.
"No country similar to Mexico has such a low (authorized) weight. According to experts, that weight level is unrealistic (relative to national and international dynamics). We are reviewing the issue with papers in hand."
In this context, including the negotiation between congressional coordinators and political party leaders with the goal of reaching a consensus position, the official stated that another point on which there is agreement is on creating a model of protection for children and young people, since damage from their use of marijuana is demonstrated.
Four regional forums have already been held. The fifth, concluding forum will be held on April 5 in Mexico City, with Congressional participation, whereby the Executive Branch would reach agreements for finalizing the legal changes on the matter.
The current law states that possession of less than five grams of marijuana for consumption is not punishable. The individual, however, is definitely presented before the Public Ministry [Public Prosecutor], which determines whether or not to take criminal action depending on the amount in possession and place of detention. When criminal action is not taken, the Public Ministry makes a report to the health authority to provide medical or preventive direction to the consumer. In the case of cocaine, possession of .5 gram [.02 oz.] is allowed.
Four regional forums have already been held. The fifth, concluding forum will be held on April 5 in Mexico City, with Congressional participation, whereby the Executive Branch would reach agreements for finalizing the legal changes on the matter.
The current law states that possession of less than five grams of marijuana for consumption is not punishable. The individual, however, is definitely presented before the Public Ministry [Public Prosecutor], which determines whether or not to take criminal action depending on the amount in possession and place of detention. When criminal action is not taken, the Public Ministry makes a report to the health authority to provide medical or preventive direction to the consumer. In the case of cocaine, possession of .5 gram [.02 oz.] is allowed.
According to federal officials, the prisons are full of people accused of dealing drugs for carrying small amounts of marijuana whose value did not exceed, on the illegal market, 5,000 pesos [US$288.00].
In some states of the northern neighbor [United States], the allowable weight for personal consumption exceeds 30 grams [1 oz.], a level similar to that proposed by one segment of the PRD [Party of the Democratic Revolution].
Last November, the Supreme Court of Justice of the Nation granted amparos [court-ordered protection, similar to injunction] to four people for the recreational use of marijuana. President Peña Nieto immediately ordered a [public] debate on marijuana use.
In each of the four forums, more than twenty specialists, both in Mexico and abroad, took part. University presidents and professors are responsible for developing the official minutes of the forums.
After the meetings, Roberto Campa, Undersecretary of Human Rights at the Secretariat of Government Relations [SEGOB], said,
After the meetings, Roberto Campa, Undersecretary of Human Rights at the Secretariat of Government Relations [SEGOB], said,
"There is already general consensus."The first point has to do with the medicinal use of marijuana, which could lead to open sale in pharmacies. Another point is the social desirability of not criminalizing consumers. In an interview, Campa stated:
"The reality is that today we have a lot of people in prisons who are there for [drug] possession."
There is also basic general agreement, he added, about the need to adopt a model of protection for minors. A study conducted in Colorado, United States (one of the regions where the production, sale and consumption of cannabinoids is permitted, accompanied by high tax receipts) makes reference to models of legalization in the U.S. and warns of the risks posed when marijuana is used by children and adolescents. Campa pointed out:
"All the experts who have taken part in these forums agree that although damage from marijuana use is questionable in adults, it is not questionable in the case of minors."