Costa Rican Constitutional Court Strikes Down Recreational Cannabis Referendum

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On Wednesday, Costa Rica’s Constitutional Court, Sala IV, ruled against a proposed referendum on adult-use cannabis legalization, citing conflicts with international treaties. The court emphasized that the underlying bill itself violates Article 7 of the Political Constitution, which prioritizes international treaties over domestic laws. As such, the legislation cannot proceed through either a referendum or legislative approval without addressing these conflicts.

"Bill No. 23,383, called ‘Law on the control and regulation of cannabis for recreational use' and, in substance, declares that the bill is unconstitutional for contravening the Single Convention on Narcotic Drugs of 1961 – approved by Law No. 4544, of March 18, 1970 -, the Vienna Convention on Psychotropic Substances – approved by Law No. 4990, of June 10, 1972 -, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances – approved by Law No. 7198, of September 25, 1990," the Court resolved.

The proposal was spearheaded by Erick González Camacho, who was in charge of collecting signatures for the referendum, reported Tico Times. The Supreme Electoral Tribunal referred the matter to the Constitutional Chamber, which ruled that the bill was unconstitutional.

Two years ago, Costa Rican President Rodrigo Chaves announced a plan to legalize and regulate recreational cannabis use, with the goal of reducing crime and boosting tax revenues. "Legalizing marijuana would give consumers safe access while cutting off profits to criminal networks," Chaves stated. The president also highlighted the economic benefits, such as new jobs.

Read Also: Cannabis Policy Split In Latin America: Costa Rica Halts Legalization While Colombia Pushes Ahead With Recreational Weed

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Recent Cannabis Milestones

Costa Rica has already legalized medical marijuana use and the industrial processing of hemp. In October, it was confirmed that the sale of cannabis products in the country's pharmacies will launch in January 2025, marking a new era of accessibility to medical marijuana for the general public.

The hemp industry has been progressing over the last two years, during which the Ministry of Agriculture and Livestock (MAG) issued 57 licenses for hemp cultivation and derivative production. Each license is valid for six years.

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