Abstract

CORTEZ SALINAS, Josafat  and  SAAVEDRA-HERRERA, Camilo. Judicial precedent and recreational use of marijuana in Mexico. Rev. Mex. Sociol [online]. 2024, vol.86, n.1, pp.167-190.  Epub Feb 23, 2024. ISSN 2594-0651.  https://doi.org/10.22201/iis.01882503p.2024.1.61533.

The Supreme Court ruled in 2019 that the absolute prohibition of recreational marijuana use in Mexico, which had existed until that moment, was unconstitutional. This decision was based on criteria from a 2015 judgment that became mandatory precedents three years later. How were these precedents constructed? This article suggests that this construction was the result of a process articulated in two phases. The first involved the creation of innovative criteria, where the weight of ideas and actors was crucial; the second involved the reiteration of that criterion in an environment characterized by the routines and habits typical of the judicial bureaucracy.

Keywords : judicial precedent; personal freedom; marijuana; Supreme Court; Mexico.

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