3 ms·

Does anyone understand the ruling and judicial process there, I'm assuming its in Spanish and I also don't know what the case was about. Was this appellate or o

Does anyone understand the ruling and judicial process there, I'm assuming its in Spanish and I also don't know what the case was about. Was this appellate or original jurisdiction, if so how and if not, is that a factor in the Mexican Supreme Court?

scrooched_moose 5y ago
I'm still piecing it together, but what I've found so far: In 2018 the Supreme Court declared the prohibition unconstitutional, and gave the legislature a deadline to pass a legalization bill - all the rules necessary for dispensing, growing, etc. https://en.wikipedia.org/wiki/Cannabis_in_Mexico#2018_Supreme_Court_ruling https://en.wikipedia.org/wiki/Cannabis_in_Mexico#2018_Suprem... The deadline came and went several times, with a few extensions, and the ruling today was the court decriminalizing it on their own because the legislature couldn't get it done after 3 years and were asking for another extension (see below; they originally had 90 days to do it and were granted over 30 months worth of extensions). https://www.marijuanamoment.net/mexicos-supreme-court-strikes-down-marijuana-prohibition-after-lawmakers-fail-to-act/ https://www.marijuanamoment.net/mexicos-supreme-court-strike... I haven't tracked down what prompted the 2018 ruling. Edit: What I've found: Mexico seems to have a system where 5 similar rulings on the same matter by the Supreme Court set binding judicial precedent for all other judges, and starts a timer whereby the legislature must resolve contradictions. 2 seemingly minor cases in 2018 gave them the 5 needed and started the process: https://www.marijuanamoment.net/mexican-supreme-court-strikes-down-marijuana-prohibition/ https://www.marijuanamoment.net/mexican-supreme-court-strike... Seems like this is about as far as I'm going to get without learning Spanish. Edit2: Probably the last update, but I found a bit about the "5 Ruling" thing: > Later, if the Chambers or the Full Court set case law by five consecutive and uninterrupted decisions, the Supreme Court, once again, will inform the issuing authority of the norm in order to amend the un-constitutional part of the norm within ninety days. > If the unconstitutionality problem persists and it is not solved, the Full Court, with the vote of eight of its members, will expel the norm from the Mexican legal system. If it is a criminal norm, it may have re-troactive effects. It must be noted that this procedu-re is not applicable to norms involving tax matters. https://www.scjn.gob.mx/sites/default/files/pagina/documentos/2019-08/SCJNVisitorsGuideVF.pdf https://www.scjn.gob.mx/sites/default/files/pagina/documento...
- vmception 5y ago
  interesting, strange! thanks for finding that source outside of the marijuana activist sites
- renerthr 5y ago
  That 2018 ruling from the SCJN (Mexico's Supreme Court) was about individual cases. It looks like the day counter for Congreso de la Union (Mexico's Congress) to legislate on the issue started on February 2019 [0]. [0]: https://www.eleconomista.com.mx/politica/Reformas-para-uso-ludico-de-marihuana-20190217-0095.html https://www.eleconomista.com.mx/politica/Reformas-para-uso-l...
xtracto 5y ago
Individuals took the case to the supreme court and won . 5 times as someone else said. The supreme court gave Congress enough time to create sensible laws for legal consumption. Congress didn't do its job (all the government systems in mexico are a huge joke. Congress is one of them). After giving them 2 or 3 extensions. The deadline arrived and the Supreme court made it into law. Congress is VERY political, while Supreme Court is not. I feel that Congress let it's time expire so that the "blame" on making it legal falls in the SC. Source: Mexican living in Mexico.

scrooched_moose 5y ago

I'm still piecing it together, but what I've found so far: In 2018 the Supreme Court declared the prohibition unconstitutional, and gave the legislature a deadline to pass a legalization bill - all the rules necessary for dispensing, growing, etc. https://en.wikipedia.org/wiki/Cannabis_in_Mexico#2018_Supreme_Court_ruling https://en.wikipedia.org/wiki/Cannabis_in_Mexico#2018_Suprem... The deadline came and went several times, with a few extensions, and the ruling today was the court decriminalizing it on their own because the legislature couldn't get it done after 3 years and were asking for another extension (see below; they originally had 90 days to do it and were granted over 30 months worth of extensions). https://www.marijuanamoment.net/mexicos-supreme-court-strikes-down-marijuana-prohibition-after-lawmakers-fail-to-act/ https://www.marijuanamoment.net/mexicos-supreme-court-strike... I haven't tracked down what prompted the 2018 ruling. Edit: What I've found: Mexico seems to have a system where 5 similar rulings on the same matter by the Supreme Court set binding judicial precedent for all other judges, and starts a timer whereby the legislature must resolve contradictions. 2 seemingly minor cases in 2018 gave them the 5 needed and started the process: https://www.marijuanamoment.net/mexican-supreme-court-strikes-down-marijuana-prohibition/ https://www.marijuanamoment.net/mexican-supreme-court-strike... Seems like this is about as far as I'm going to get without learning Spanish. Edit2: Probably the last update, but I found a bit about the "5 Ruling" thing: > Later, if the Chambers or the Full Court set case law by five consecutive and uninterrupted decisions, the Supreme Court, once again, will inform the issuing authority of the norm in order to amend the un-constitutional part of the norm within ninety days. > If the unconstitutionality problem persists and it is not solved, the Full Court, with the vote of eight of its members, will expel the norm from the Mexican legal system. If it is a criminal norm, it may have re-troactive effects. It must be noted that this procedu-re is not applicable to norms involving tax matters. https://www.scjn.gob.mx/sites/default/files/pagina/documentos/2019-08/SCJNVisitorsGuideVF.pdf https://www.scjn.gob.mx/sites/default/files/pagina/documento...

vmception 5y ago
interesting, strange! thanks for finding that source outside of the marijuana activist sites
renerthr 5y ago
That 2018 ruling from the SCJN (Mexico's Supreme Court) was about individual cases. It looks like the day counter for Congreso de la Union (Mexico's Congress) to legislate on the issue started on February 2019 [0]. [0]: https://www.eleconomista.com.mx/politica/Reformas-para-uso-ludico-de-marihuana-20190217-0095.html https://www.eleconomista.com.mx/politica/Reformas-para-uso-l...

xtracto 5y ago

Individuals took the case to the supreme court and won . 5 times as someone else said. The supreme court gave Congress enough time to create sensible laws for legal consumption. Congress didn't do its job (all the government systems in mexico are a huge joke. Congress is one of them). After giving them 2 or 3 extensions. The deadline arrived and the Supreme court made it into law. Congress is VERY political, while Supreme Court is not. I feel that Congress let it's time expire so that the "blame" on making it legal falls in the SC. Source: Mexican living in Mexico.