Mexico. – This Wednesday, with a split vote of 2 against 3, the Supreme Court of Justice of the Nation (SCJN) decided to declare illegally criminalizing possession of more than 5 grams of marijuanaUnless it can be proved that it is not for personal consumption.
On this day, in the first house session of the Supreme Court, 3 out of 5 ministers voted in favor of the invalidity of the part. Article 478 of the General Health Law of Mexico, which allows possessing less than 5 grams of cannabis for personal consumption, but exceeding that amount carries a prison sentence of 10 months and up to 3 years.
“The Ministry of Public shall not take criminal action for the offense provided for in the previous article (ordinary possession), whoever is an addict or a consumer and in an amount equal to or less than any of the intoxicants indicated in the table of your strict personal consumption. provided for in itself”, refers to the article of the General National Health Law.
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In this framework, the part was declared unconstitutional, only for marijuanais that which refers to “in the same or lesser quantity than the quantity provided in the same”, i.e., 5 grams as mentioned.
he was a minister Margarita Ríos Farjat and Ministers Alfredo Gutierrez Ortiz Mena and Juan Luis González AlcantaraWho voted in favor of declaring the above part of Article 478 of the General Health Act unconstitutional.
In this sense, the sentence indicates that they are prosecutor and judgeThey are the ones who must determine whether the drug is for personal consumption, regardless of the amount found on a person.
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Meanwhile, Minister Norma Pina and Minister Jorge Mario Pardo voted against the project that proposes to declare the invalidity of part of the article due to a technical problem, as the part to which the sentence refers is not as specified in the Emparo claim. The challenge was not filed before the Supreme Court of the Republic of Mexico.
Penalty for possessing more than 5 grams of marijuana: SCJN