Background on the Case and Key Individuals
On February 7, 2021, in Ciudad Juárez, Chihuahua, a person was detained during a body search that uncovered 14.26 grams of marijuana in their possession. This incident led to the person being charged with a health-related offense under the Mexican General Health Law, specifically for simple possession of cannabis sativa (marijuana) as per article 477.
Giovanni Figueroa Mejía, the ponente (author) of amparo review 132/2025, played a crucial role in this case. He detailed the events that sparked the legal proceedings.
Supreme Court’s Ruling
The Supreme Court of Justice of the Nation (SCJN) decided that individuals who are cannabis-dependent and possess more than five grams of marijuana for personal use should not be criminalized. The ruling emphasizes that penalizing personal marijuana consumption may conflict with the rights of personal development, privacy, health, and personal integrity.
The court’s decision highlights that authorities—both ministerial and judicial—must consider the objective circumstances of each case, such as quantity, time, location, and manner of possession, along with subjective factors like the individual’s condition as a cannabis-dependent person, cultural background, or personal beliefs.
The ruling was approved by five votes to four, with the court stating that the exclusion from criminal liability under article 478 of the General Health Law is based on the premise that personal marijuana possession is a private matter with no sanctionable impact on public health or harm to third-party interests.
Impact on Cannabis-Dependent Individuals
This landmark decision by the SCJN aims to protect cannabis-dependent individuals from unjust criminalization. By considering the specifics of each case, authorities are now encouraged to exercise discretion when prosecuting individuals for personal marijuana possession.
The ruling acknowledges that criminalizing cannabis-dependent individuals may infringe upon their fundamental rights, such as personal development, privacy, health, and integrity. It also emphasizes that the current legal framework for marijuana possession may lack both necessity and appropriateness.
Key Questions and Answers
- What is the main ruling of the Mexican Supreme Court? The court decided that individuals who are cannabis-dependent and possess more than five grams of marijuana for personal use should not be criminalized.
- What rights are protected by this ruling? The ruling aims to protect the rights of personal development, privacy, health, and personal integrity.
- What factors must authorities consider when prosecuting individuals for marijuana possession? Authorities must take into account the quantity, time, location, and manner of possession, as well as subjective factors like an individual’s cannabis-dependent status, cultural background, or personal beliefs.
- How many votes were cast in favor of this ruling? The decision was approved by five votes to four.
