In recent times many experts and organizations have questioned the global policy ondrug control and particularly aim at least the legalization of marijuana. This documentprovides an over view of the Mexican legislative policy on drug control, which ingeneral is prohibitive and is based and inspired by the international conventionson drugs. The paper also examines the extent to which progress can be madewithin the existing framework, with the added ingredient of recent decisions of the Supreme Court of Justice of the Nation, which in light of human rights, have openedpossibilities for recreation a land medicinal use of marijuana. It also discusses whois responsible for legislating in this area, concluding that setting health policy andgeneral health is an all ocation off federal jurisdiction and that while states mayestablish special regulations on this issue, they cannot go more beyond or contradictthe provisions of Congress.