FACT SHEET ON THE RECENT DECISION OF THE MEXICAN SUPREME COURT REGARDING MARIJUANA
Major news organizations are exaggerating or misconstruing the scope of the decision by the Mexican Supreme Court—issued by a 4-to-1 vote of a panel consisting of five of that tribunal’s eleven judges—to allow four people to cultivate and consume marijuana for personal use.
In particular, certain press coverage has misstated the following four issues:
(1) The Scope of the Court’s Decision is Very Limited and Does Not Legalize Marijuana in Mexico
The decision, while unfortunate and contrary to the wishes of more than 70% of Mexicans, can only apply to the country at large if the court’s next four decisions on the matter reach the same result.
Until that happens, Wednesday’s decision only applies to the four people who brought the case. For the rest of the Mexican population, marijuana remains illegal—although possession of up to five grams of marijuana has been decriminalized in Mexico since 2009, as noted below.
(2) Mexico has Already Decriminalized Possession of Marijuana for Personal Use
Another common misconception is that Mexico’s current law provides for “total prohibition” of marijuana. In reality, Mexico has already decriminalized possession of up to five grams of cannabis. To insinuate otherwise is mistaken or purposefully misleading.
(3) The Mexican Plaintiffs Seek the Legalization of All Drugs, Not Just Marijuana
Even the New York Times admits that “few think that legalizing marijuana will significantly reduce drug violence or weaken the [drug] gangs.” Instead, the people who brought the case see marijuana legalization as a step to the future legalization of all drugs. In the words of one of the plaintiffs, Juan Francisco Torres Landa, “Our long-term goal is that everything [i.e., all drugs] should be regulated.” Marijuana is seen merely as a means to that end.
(4) Large Majorities in Latin American Countries Oppose Legalization
Moreover, readers should remember that the Mexican court decision runs sharply against public opinion in Mexico and elsewhere. Recent polls show that large majorities oppose marijuana legalization in Latin American countries:
- 72% oppose in Mexico (2014 CESOP poll)
- 94% oppose in Peru (2013 CEDRO poll)
- 63% oppose in Uruguay (2013 Factum poll)
- 79% oppose in Brazil (2014 Ibope poll)
In conclusion, SAM urges everyone to read coverage from Mexico carefully. Mexico has not legalized marijuana. Rather, the court decision in question is only part of the debate in a country where a large majority opposes legalization.