On May 11, 2022, the Mexican Supreme Court of Justice approved with three votes in favor and two votes against, the constitutional proceeding 585/2020, wherein the court decided, with special effects applicable only to the plaintiff, the unconstitutionality of one portion of article 478 of the General Health Law, which sets forth that an individual can only carry five grams of cannabis for personal use.

The decision explains that imposing a legal limit on the quantity of grams of cannabis to be possessed by an individual, is a restriction to the right of people to the free development of their personality.

The decision will be a relevant criterion for future cases that could limit the possession of cannabis in less than five grams since individuals will be able to invoke their constitutional right to free development of personality.

If you need additional information regarding the contents of this document or if you need legal advisory, please contact the following persons:

Guillermo Solórzano Leiro – Partner

guillermo.solorzano@s-l.mx

Phone: +52 55 50620057 

Alan Osorio Aragón – Associate

alan.osorio@s-l.mx

Phone: +52 55 50620074