Report: Use of Psychotropic Substances. Free Development of Personality. Amparo Review 374/2020 (First Chamber of the Supreme Court of Justice of the Nation)

Abstract

The document reviews the Amparo in Review 374/2020 from Mexico’s Supreme Court of Justice, which addressed the personal use of psychotropic substances like psilocybin (hallucinogenic mushrooms) and mescaline (peyote). The Court authorized the personal use of cannabis, recognizing it as part of the right to free development of personality, but denied the recreational use of mushrooms and peyote, emphasizing their strong connection to ancestral and community-based rituals. The Court concluded that the use of these substances cannot be considered an individual or recreational act, as their proper use involves specific knowledge and ritual settings. The report questions whether an absolute prohibition is a fair measure and proposes the need for regulation that could allow controlled access for people seeking therapeutic purposes or expanded consciousness, even if they are not part of indigenous communities.