Placing limits on the amount of cannabis a person can have for personal use is unconstitutional, Mexico’s Supreme Court ruled in a ruling on Wednesday. It is the latest in a series of judgments overturning the cannabis ban , which dates back to 2015 and comes after the court ruled last year that bans on personal use and home cultivation were unconstitutional.
This earlier ruling, however, did not challenge the 5-gram decriminalization in place since 2009, with those in possession of higher amounts facing a potential prison sentence of up to three years.
“The fact that the public prosecutor’s office is authorized to institute criminal proceedings against a person who possesses more than 5 grams of cannabis for personal consumption amounts to punishing moral qualities [and] personal behavior, which has no constitutional basis wrote Supreme Court Justice Juan Luis González Alcántara.
“Criminal proceedings against the person who possesses cannabis in his private sphere, without affecting third parties or causing a criminal incident, are not justified,” he added.
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La Cour suprême du Mexique juge à nouveau légale la possession de cannabis à titre personnel