Marijuana legalization in Mexico: judicial activism as a catalyst for structural reforms

The paper aims to analyze an emblematic case of judicial activism that Mexican
Supreme Court resolved in 2018: the recreational use of marijuana. Using the human
right to free personality development as the main thread of the argument, the court
considered the existing prohibition in the General Health to consume marijuana for
recreational purposes was unconstitutional. The case meant a watershed in the way in
which the Mexican legal system is conceived and the role of the courts in its
reformability. In this sense, the strength of civil society organizations initiated a series
of changes in the regulation of cannabis that, despite being incipient, have begun to
deconstruct the paradigms of a prohibitionist drug scheme. The matter reached the
rigid standards separation of powers, where now, with different rhythms and nuances,
each of them begin to assume its role as interpreter, applicator and harmonizer of the
legislation around the subject.