INTRODUCTION

We begin by defining key concepts in the discussion of legal issues related to the use of marijuana: its medicinal and recreational use, decriminalization, depenalization, and legalization:

In 1996, California became the first jurisdiction in the Americas to legalize the medical use of cannabis. It is now legal in 33 other states in the US, and recreational use is legal in 11 (^{Zuleta et al., 2021}). In 2018, Canada legalized recreational use at the federal level (^{Turna et al., 2022}; ^{Yu et al., 2020}). In Latin America and the Caribbean, medical use became legal in the 2010s in Argentina, Chile, Peru, Paraguay, Colombia, Puerto Rico, and Jamaica (^{Labiano, 2021}; ^{Schleimer et al., 2019}). In Mexico, the use of medical marijuana was legalized in 2017, with the law providing that “products containing cannabis derivatives with THC concentrations of 1% or less that have broad industrial use may be commercialized, exported, and imported, in compliance with the established requirements of the health code. Likewise, the Ministry of Health is authorized to design and implement public policy to regulate the medicinal use of pharmacological derivatives of marijuana (^{Cámara de Diputados, 2017}).

In November 2015, the Mexican Supreme Court declared the system of administrative prohibitions of the recreational use of marijuana unconstitutional. Four more cases were tried between 2015 and 2018, leading to the consolidation of the law. In June 2021, the Supreme Court authorized personal marijuana use, as well as its planting, cultivation, harvest, preparation, possession, and transportation for recreational purposes by persons aged 18 and over, decriminalizing its use (^{Suprema Corte de Justicia de la Nación, 2021}). It is important to note that civil society has been a key actor in marijuana decriminalization and regularization. However, the process of legalization is still underway, since Congress has yet to pass legislation on recreational use that would provide legal assurance to users and third parties and create the necessary conditions for the responsible exercise of this right (^{Suprema Corte de Justicia de la Nación, 2021}).

Public opinion has played an important role in marijuana regulation. In all the US states that have legalized marijuana and approved recreational use, reforms were effected because of citizen initiatives (^{Chiu et al., 2022}). Over the years, popular opinion on the regulation of cannabis has become more relaxed. In this respect, ^{Carliner et al. (2017)} find that the Americas may be participating in the phenomenon of normalization of cannabis use, which, according to ^{Pennay and Measham (2016)}, has become a social process taking place throughout the Western world.

It is worth noting that differences in opinion have been observed depending on whether the issue at stake is medical or recreational use, or the legalization of marijuana. Most data are drawn from opinion studies conducted in the United States and Europe, where the greatest progress has been made in the legalization of this drug. Medical use enjoys higher approval than recreational use. According to research projects and opinion polls undertaken in the United States, over 80% of the population approve of the medical use of marijuana, believing it can be useful in pain relief, managing epilepsy seizures, reducing inflammation, and treating anxiety (^{Sznitman & Bretteville-Jensen, 2015}). According to authors such as ^{Galston and Dionne Jr (2013)}, these opinions have gained significant traction, due to the media information people receive daily on the health benefits of marijuana and its derivatives. Analysis of sociodemographic variables shows that the effects of age and sex on these opinions are insignificant, while the effects of income and educational attainment are minimal (^{Musgrave & Wilcox, 2014}; ^{National Poll on Healthy Aging, 2018}).

Although support for recreational use is lower, a 2002 CBS News poll (^{De Pinto, 2022}) reported that two-thirds of people in the US agree that recreational marijuana use should be legal at both the federal and local level while 34% would approve of a marijuana business being set up in their neighborhood. This acceptance is four times higher among those who have used marijuana than those who have not.

^{Sznitman and Bretteville-Jensen (2015)} point out that younger men with college degrees are more likely to approve of recreational use. There is also greater support among people without a religious affiliation (^{Musgrave & Wilcox, 2014}). According to these authors, disapproval among religious people is due, among other things, to the fact that marijuana use is seen as a moral issue, meaning that recreational consumption is considered “wrong.” In Australia, the most favorable views for recreational use were found among regular or experimental marijuana users and alcohol users (^{Chiu et al., 2021}).

Most of the literature concerns opinions on the legalization of marijuana. Social groups that have expressed higher levels of support include men, college graduates, and those without a religious affiliation (^{Felson et al., 2019}; ^{Maričić et al., 2013}; ^{Schepis et al., 2011}). This literature holds that women tend to be more liberal than men about controversial public opinion issues such as the approval of same-sex marriage or the legalization of abortion. However, this does not hold true for the issue of marijuana. ^{Felson et al. (2019)} offer the following hypotheses: 1) views on marijuana are associated with the maternal instinct, 2) women use less marijuana, and 3) women have a greater risk perception of marijuana use.

Marital status, parenthood, and religious affiliation also have an influence on attitudes toward legalization, with studies showing that single people are more likely to approve of legalization than married ones, and that parents are more opposed to marijuana use than those without children (^{Musgrave & Wilcox, 2014}). People with a religious affiliation are less likely to support legalization than those without one (^{Hai, 2018}; ^{Krystosek, 2016}; ^{Musgrave & Wilcox, 2014}).

Self-identifying as a user or non-user also influences opinions on legalization. Based on a survey conducted in the Netherlands, ^{Palali and van Ours (2017)} observed that people who have used marijuana are more likely to support legalization. Similar results were described by ^{Trevino and Richard (2002)} in a study undertaken in Houston, where 68% of users surveyed supported the legalization of marijuana, as compared with only 33.3% of non-users. These differences between users and non-users were also found by ^{Schnabel and Sevell (2017)}; ^{Andreas et al. (2021)}; ^{Cohn et al. (2017)}; ^{Ellis et al.(2019)}; ^{Znoj et al. (2022)}. Another study, conducted on a group of Norwegian students, found that support for legalization was associated with low-risk perception, a history of illicit substance use, and current tobacco and alcohol use (^{Andreas et al., 2021}).

A study of people in Argentina, Uruguay, Chile, Bolivia, Mexico, Peru, Costa Rica, Colombia, and El Salvador found that approval rates for legalization and recreational use of marijuana were higher among those who had tried it than among those who had never used it. In Chile, Colombia, and Mexico, approval was twice as likely among those who had tried marijuana (^{Mendiburo-Seguel et al., 2017}).

In Mexico, legalization of medical use is recent, and the legalization of recreational use is still underway, meaning that their impact on marijuana use and opinions on these changes are yet unknown. Although surveys have been conducted by public opinion firms, only a few have used nationally representative samples that would allow for an analysis of characteristics such as sex, age, income, and risk perception, and their association with support for medical and recreational use, and legalization.

An opinion poll conducted by Consulta ^{Mitofsky (2021)} found that 58% of respondents agreed that recreational marijuana use should be allowed. Respondents also believed that the current prohibition does not make it difficult to obtain the drug. A 2013 survey by Parametria found that 85% of Mexicans opposed recreational marijuana use. By 2016, this figure had fallen to 65% and by 2018, only half were against it (^{Parametria, 2018}). Both polling organizations agree that five years ago, a majority opposed accepting recreational use since they thought drug use was the cause of insecurity and violence in Mexico, and believed that if recreational drug use were accepted, there would be more users and therefore more violence. However, insecurity and violence have been disassociated from drugs, since drug cartels are now more identified with extortion and protection racketeering. Mexican respondents are inclined to decriminalize consumers by allowing recreational use of the drug and report greater knowledge of the scope of legalization in other countries. Moreover, one in three knows someone who uses marijuana for recreational purposes.

Based on the literature reviewed, the research question guiding this article is whether there are any differences in the variables related to the approval of medical use and recreational use, and the legalization of marijuana in the Mexican population. The objectives are as follows:

METHOD

RESULTS

DISCUSSION AND CONCLUSION

Being male and having a low-risk perception of the use of marijuana are variables associated with approval of its medical use, recreational use, and legalization, irrespective of whether respondents to the 2016 ENCODAT survey used it. The association between being male and supporting legalization coincides with the results of ^{Maričić et al. (2013)}, ^{Schepis et al. (2011)} and ^{Felson et al. (2019)}. In keeping with these authors, the adverse opinion of women towards legalization may be related to having children, a tendency to engage in lower consumption and higher risk perception (^{Felson et al., 2019}).

One variable associated with a positive opinion of use and legalization is education, with people with higher educational attainment, such as a bachelor’s degree, tending to support recreational use. This coincides with what has been reported in other studies (^{Felson et al., 2019}; ^{Maričić et al., 2013}; ^{Schepis et al., 2011}; ^{Sznitman & Bretteville-Jensen, 2015}). Two other variables that are significant for almost all analyses are parenthood and excessive alcohol consumption. Parenthood is not significantly associated with support for medical use among non-users. We think it would be advisable to further explore this variable in future studies, given that, as Musgrave and Wilcox (^{Musgrave & Wilcox, 2014}) note, parents tend to be more opposed to both legalization and any form of use than people without children. The only cases where excessive alcohol consumption was not associated with a favorable opinion was for medical use among the general population and non-users. This association between alcohol consumption, recreational use, and marijuana use is similar to that reported by ^{Chiu et al. (2021)}.

Having no religious affiliation is associated with favorable opinions of recreational use and legalization among the general population. An analysis of users versus non-users also finds that this variable is significantly related to approval of medical use in both groups and of recreational use and legalization among non-users. Various authors (^{Felson et al., 2019}; ^{Hai, 2018}; ^{Krystosek, 2016}; ^{Maričić et al., 2013}; ^{Musgrave & Wilcox, 2014}; ^{Schepis et al., 2011}) have observed this association between lack of religious affiliation and approval of marijuana use. ^{Musgrave and Wilcox (2014)} believe this association is due, among other things, to religious believers considering marijuana use a moral issue, and therefore that recreational use is “wrong.”

The greater support for legalization among users than non-users is consistent with the literature (^{Salas et al., 2020}; ^{Palali & van Ours, 2017}; ^{Schnabel & Sevell, 2017}; ^{Trevino & Richard, 2002}). The variables that differed between the two groups were age, religion, and having been offered marijuana without having to pay for it. The latter variable did not prove significant for either group of users.

The profile of an average non-user who would support legalization is a man aged 40-49, with at least a high school education, no religious affiliation, no children, with a low perception of the risk of marijuana use, who has engaged in excessive alcohol consumption, and who has been offered marijuana without having to pay for it. In this same group, the variable not associated with supporting recreational use is religious affiliation. Educational attainment is significant if the person holds a bachelor’s degree but is not associated with age. We assume that if a person has at least a bachelor’s degree, they are over 18, the age of majority in Mexico.

The answer to the central question of this study is that there are differences in the variables related to the approval of medical and recreational use, and legalization of marijuana. The variables associated with support or lack of support for all three issues are age, educational attainment, and income.

In Mexico, policies criminalizing marijuana have failed: there has been no reduction in use and corruption levels are high. The challenge is to find a model that does not increase use or criminalize users, and considers the results presented in research on participants, which considers the profile of users or the age of onset of marijuana use. Understanding popular opinion on these issues is a key part of the search for a new model, and the results presented in this study contribute to this understanding.

The proposals against prohibition and for the legalization of marijuana in Mexico are the result of popular initiatives rather than government policy. In 2013, SMART, the Mexican Society for Responsible and Tolerant Personal Use (Sociedad Mexicana de Autoconsumo Responsable y Tolerante) went to court to demand the right to grow and use small amounts of marijuana, and in 2018, the Supreme Court ordered Congress to enact legislation legalizing recreational use. However, it was not until July 2021 that the prohibition of marijuana for personal recreational use was repealed. A regulatory mechanism for the purchase of seeds and the possession and use of marijuana for recreational purposes is still pending. Popular opinion has not been considered in designing this regulatory process, but we believe it must be considered if these measures and policies are to achieve positive results.

We believe that the disparagement with which marijuana users are treated is based on a moralistic, usually groundless judgment, and that legislators and policy makers should reconsider their opinions. This would enable legislative and regulatory decisions to be inclusive, by respecting and validating the range of positions on marijuana use.

^{Chiu et al. (2021)} attribute low-risk perception, which ^{Andreas et al. (2021)} and ^{Salas et al. (2020)} found among students who supported legalization, to media influence. We believe that the media play an important role in changing people’s opinion on the regulation of marijuana. We agree with ^{Felson et al. (2019)}, who address the shaping of public opinion in their discussion of legalization. As noted in studies of Mexico (^{Mitofsky, 2021}; ^{Parametria, 2018}), public opinion has undergone significant changes in recent years, tending toward greater approval. We believe that the interaction of media messages regarding the benefits of cannabis and public opinion has steered governments in the region toward relaxing legislation (^{Schleimer et al., 2019}) and contributed to the normalization of marijuana use (^{Carliner et al., 2017}; ^{Pennay & Measham, 2016}). However, since our study did not include questions related to media influence on opinions regarding the use and legalization of marijuana, this interpretation remains a hypothesis to be tested in future research.

In future research, it would be useful to use representative samples such as the one in this study to examine the hypothesis of Roy Campos, director of the Mitofsky Group, who believes that growing support for the decriminalization of marijuana in Mexico is due to the perception that prohibition does not make it more difficult to obtain marijuana, and that continuing the approach of criminalization will not solve the problem of violence. In other words, citizens have already disentangled the issue of violence in Mexico from the issue of marijuana use.