Is Smoking Weed a Human Right?
Last week, just a day after voters in Ohio rejected a constitutional amendment to legalize the recreational and medical use of marijuana, Mexico’s Supreme Court headed in a different direction: The country’s top justices concluded that national laws making it illegal to personally produce, possess, and consume marijuana violated the rights of Mexicans. The ruling itself has received considerable attention, but the rationale behind it less so. The high court’s decision was based not on marijuana’s effects on public health or impact on incarceration rates, but on fundamental human rights. In that respect, it’s pretty precedent-setting globally.
This particular case was brought by four members of the Mexican Society for Responsible and Tolerant Consumption (or SMART, in Spanish). The group first filed a legal petition demanding the right to grow, own, and use marijuana in 2013—a petition that was initially denied but later appealed to the Supreme...
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