Court Outlines Prison Sentencing For Cannabis Users

 "Sol Prendido" for Borderland Beat

The Supreme Court of Justice will discuss on October 13 a bill that approves criminally accusing people detained in possession of more than five grams of marijuana, who do not have government permission for personal consumption.

If the bill is approved, it will be the first time that the Court limits the scope of the general declaration of unconstitutionality that it issued on June 28, by which it eliminated from the General Health Law (LGS) the absolute prohibition of cannabis use, which it considered violates the human right to free development of personality.

The new draft clarifies that this declaration only refers to the system of administrative prohibitions against cannabis use, but does not extend to criminal restrictions on such narcotics.

The First Chamber of the Court will review the amparo of an accused of drug dealing in the form of simple possession, who argues that the criterion of the highest court should benefit him, despite the fact that he exceeded the five gram cap that the Law provides since 2009 for personal and immediate consumption that does not give rise to criminal action.

Edgar Díaz wants the Court to declare unconstitutional articles 473, 477 and 479 of the LGS, which establish the circumstances and quantities of narcotics that must result in criminal charges for drug dealing, as well as those that are exempt.

In August 2018, the Chamber rejected by 3 votes to 2 a bill that did declare unconstitutional to criminalize the simple possession of cannabis.

Two ministers of that majority remain in court, in addition to Juan Luis González Alcántara, author of the new project.

"It is true that this First Chamber pointed out that the right to free development of personality allows adults to decide, without any interference, what type of recreational or recreational activities they want to carry out," the project explains.

But he adds that, with this criterion, the Court established that the Federal Commission for Protection against Health Risks (Cofepris) must issue self-consumer permits to interested people, and that Díaz did not have that permit when he was accused in September 2018.

"Determining the unconstitutionality of the provisions that prevented applying for an administrative permit for the personal consumption of a substance does not lead to determining the unconstitutionality of the criminal offenses that sanction the possession, trade or distribution of said substance without the corresponding permit," the project concludes.

For González Alcántara, the 2009 reform of the LGS had the legitimate purpose of protecting public health and combating drug dealing.

"This First Chamber considers that the limitation of maximum doses for personal and immediate consumption of narcotics represents a greater benefit in the protection of society in general, against the free development of the personality of the consumer, of whom cannabis use is not restricted, but what is avoided is that there is indiscriminate possession that implies a risk to health" he says.

La Prensa Mx