The psychotropic Lisergide, which is also called lysergic acid or LSD, is a different narcotic from marijuana, so its prohibition -established in the General Health Law- is constitutional, determined the First Chamber of the Supreme Court of Justice of the Nation (SCJN).
In a judgment in which A Mexican citizen who wanted to be allowed to consume LSD in a playful way was denied an amparo, Four of the five member ministers of the First Chamber of the Court considered that this drug cannot receive the same legal treatment that has already been established for cannabis.
The ruling, drawn up by the minister Arturo Zaldivar, and approved this week by four votes to one against, states that various scientific studies have shown that LSD causes permanent damage and high impact in the people who consume it, in addition to the fact that the affectations also occur in the social environment in general.
The effects of lysergic acid on the health of consumers are varied, but among these the possibility of self-harm stands out, since the drug causes hallucinations, paranoia and even psychotic disorders that can even promote suicidal ideas.
The promoter of the amparo went in 2018 to the Directorate of Narcotics Regulation of the Federal Commission for the Protection against Sanitary Risks (Cofepris), requesting a permit to exercise the consumption and personal use of the psychotropic Lisergide, specifically he wanted that authority to authorize him the recreational self-consumption of LSD, together with its possession and transport, but excluding the acts of narcotic trade.
His argument was that, upon being recognized by the Court the human right to free development of personality, he had the right to take LSD recreationally.
As the health authority denied him permission, the citizen decided to file an Amparo Trial challenging the alleged unconstitutionality of articles 245, section I, 247 and 290 of the General Health Law, which prohibits the preparation, preparation, packaging , acquisition, possession, trade, transportation, medical prescription, supply, employment, use, and consumption of psychotropic substances such as LSD.
LSD and marijuana cannot be compared
This amparo was denied to the plaintiff by a District Court, which was challenged through a Review Appeal that reached the Supreme Court for analysis and resolution.
Because the minor and reversible effects produced by the consumption of marijuana are not comparable, Given the serious effects on health, which may be irreversible, generated by LSD, the decision of the First Chamber reiterated denying the petitioner the protection.
Minister Arturo Zaldívar considered in the ruling that the prohibition of lysergic acid is adequate and constitutionally valid, since when analyzing the treatment given to this drug in other countries, it was found that LSD is a strictly controlled substance, whose authorization can only be it is exceptional in specific cases of scientific research.
Therefore, “there is no reasonable objective basis that leads to the conclusion that the use of LSD does not generate a serious risk to the health of the person who consumes that substance, on the contrary, the evidence presented is concordant in the harmful effects that this psychotropic produces”, Zaldívar pointed out.
Precisely because of these harmful consequences of LSD, which potentially also affect public order, it is constitutional for the Mexican State to prohibit the substance, as is done in other countries.
With this sentence, the only drug that can be consumed in a playful way in Mexico is marijuana, since the Supreme Court of Justice of the Nation declared that the criminalization of cannabis was unconstitutional.
As will be recalled, on June 28, 2021, the country’s highest court made a general declaration of unconstitutionality of the articles of the General Health Law that penalized and absolutely prohibited the recreational or recreational use of marijuana.
With this, any person who wants to obtain a permit to consume marijuana recreationally can request an authorization from the Ministry of Health, a permit that includes the planting of the cannabis plant, but only for the individual consumption of adults. Other drugs, such as cocaine, methamphetamine and LSD, remain prohibited in Mexico.
MORE NEWS:
surya palaces Journalist and lawyer, specialist in legal analysis and human rights. She has been a reporter, radio host and editor.