Mexico’s Supreme Court Removes Ban Against Smoking Marijuana

(Bloomberg) -- Mexico’s Supreme Court has removed the nation’s prohibition against consuming marijuana, allowing anyone who wants a permit for recreational use of cannabis to be able to receive one.

The decision eliminates all legal obstacles for the Health Ministry to authorize planting, harvesting, possession and transportation of pot for personal use by adults, the court said in a statement. The ruling doesn’t decriminalize the sale of cannabis, or its use without a permit.

It’s the latest step in Mexico’s path to becoming one of the largest nations to fully regulate the marijuana industry, over two years after the Supreme Court ordered Congress to change the cannabis ban. Advocates argue that legalizing the plant is a question of personal freedom, and that doing so would allow police to turn their attention to crimes more serious than smoking and dealing marijuana.

“This is an historic day for liberty,” Supreme Court President Arturo Zaldivar said in a video statement posted to Twitter. “It has confirmed that the tools of the Constitution to protect rights do work.”

Congress had majority support for a bill to legalize the use, production, and sale of cannabis earlier this year, but negotiations fell apart in a dispute over the details. Discussion of the bill was punted to months from now, violating a court-ordered deadline. On Monday, the highest court called on congress to pass some version of the legislation.

Read More: Mexico Cannabis Legalization Hits Unexpected Snag in Senate

The Supreme Court’s ruling, essentially striking out part of the health law, is the latest step in the country’s softening approach toward cannabis. In 2009, Congress eliminated most penalties for possession of less than five grams of the plant. In 2017, it approved medicinal use, though regulations to allow a market to be created were delayed for years.

While pot hasn’t been decriminalized “this is the equivalent of saying that driving cars is legal, but only if you get a license,” said lawyer Andres Aguinaco, who in 2015 won a prior case before Mexico’s Supreme Court in favor of the personal use of cannabis, laying the groundwork for the current decision.

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