Mexico’s supreme court has ruled that sections of the country’s health law are invalid, legalizing the growing, possession and use of marijuana for recreational purposes.

Although it covers only the plaintiffs in one case, activists say the ruling paves the way for Mexico to make history and end drug prohibition, in spite of social stigmas, a deadly drug war and strong opposition from politicians and the Catholic church.

The first bench of the supreme court granted an injunction allowing four members of the Mexican Society for Responsible and Tolerant Self-Consumption (Smart) to grow, transport and smoke marijuana.

In a 4-1 ruling, the court found that prohibitions on using marijuana violated the “right to the free development of personality” – and were therefore unconstitutional.

“If these are unconstitutional for us, they should be unconstitutional for the entire population,” said Francisco Torres Landa, a lawyer and one of the four complainants winning the court case.



“Our long-term goal is that everything should be regulated,” he added. “None of us is seeking to have consumption be the real object … The goal is to make sure we create the basis to have the ability to challenge the actual basis for prohibition.”



The move potentially puts Mexico at the forefront of an international movement to decriminalize drugs – despite a decade-long militarized crackdown on drug cartels which has cost the lives of around 100,000 people.

If the court rules the same way on five similar petitions, it would then establish the precedent to change the law and allow general recreational use.

A similar process led to the court’s recent ruling that Mexican laws prohibiting same-sex marriage are unconstitutional.

Asked about the ruling president Enrique Peña Nieto told reporters that it “opens ample space for a debate on marijuana.

“It’s not new. I’ve made pronouncements previously of the need for a broad debate on the public policies [with marijuana] and when we are seeing that in other parts of the world marijuana consumption has been legalised.

“This does not open or in any way signify the legalisation of marijuana consumption, nor the commercialisation, nor the transportation of it.”

Although Mexico has long been a major supplier of narcotics to the US, it had until recently not considered itself as a consumer of illegal drugs. Analysts say that started to change when cartels started paying underlings in product.



But drug reform activists say that the use of drugs has little to do with the bloodletting unleashed by the dealers.

“Many people associate violence with consumption,” said Leopoldo Rivera, publisher of a cannabis culture magazine Cáñamo México. “Violence doesn’t impact consumers. It has to do with the drug trafficking.”



The court debated a proposal put forward in October by Justice Arturo Zaldlívar, who wrote in his opinion: “Marijuana does not pose a significant health risk, since its permanent consequences are unlikely, minimal or reversible.”

He added: “There is uncertainty about the claim that marijuana encourages the commission of other crimes.”

His opinion runs counter to Mexican sentiments on marijuana. An October poll from the Parametría firm found 77% of Mexicans opposed to legalizing marijuana, with just 20% in favor.

President Enrique Peña Nieto has opposed decriminalizing marijuana, but welcomed debate. He told the New York Times prior his 2012 election that he had never tried marijuana.



Mexico’s conservative Catholic Church also expressed its preoccupation.



“It’s not a debate in Congress, not a debate in society, it’s only in the court as if it’s a super power, which assumes positions that affect the entire country,” said Father Hugo Valdemar, Archdiocese of Mexico City spokesman. He deemed the ruling “unnecessary” since Mexico already allows the possession of five grams of marijuana or less.



Rivera calls that amount “about two fat joints” and says purchasing marijuana is still prohibited. He says Mexican lawmakers have showed little interest in legislating on the issue.



“It’s not chic. It’s not a sexy issue for them,” he said. “It’s not one that wins votes for them.”



Mexico recently allowed medical marijuana to be used with an eight-year-old girl suffering seizures caused by a rare disease to be the first patient.









