Mexico has a new law legalizing marijuana. That’s in there

Mexican lawmakers seem closer to legalizing cannabis nationwide as a new version of a bill is now circulating among senators in the Union’s Congress.

Senior figures from the ruling party have expressed support for legalization, and the latest bill has been leaked but not formally tabled.

The latest iteration is considered more advanced than previous versions as it includes some safeguards against corporate takeovers and would eliminate previous proposed permits for personal consumption.

Here is an overview of the provisions of the new bill.

One ounce possession limit

The new bill is broadly similar to an earlier one passed by the Senate last year. For adults of legal age, possession of up to one ounce (28 grams) of cannabis would be legal. A person who possesses 29 grams to 200 grams (seven ounces) would risk a fine of $ 500 or more.

The penalties increase for possession of heavier weight. Anyone who owns more than seven ounces can be charged with an offense that carries a prison sentence of up to three years.

The limit for personal purchases would also be 28 grams within a 24 hour period.

Related

Mexico aims to legalize cannabis in 2021. What does this mean for the US?

Retail stores would open 18 months after the passage

Licenses for retail cannabis stores would have to be issued within 18 months of the law being passed.

Cannabis social clubs allowed, but restricted

Under the new legalization proposal, cannabis social clubs would be legal, but limited to a maximum of 20 members, each of whom grow four plants.

Some observers consider this to be unconstitutional due to the right of association – and the right to freedom of association.

Cannabis social clubs are not allowed to promote the use of cannabis. It has been suggested that restricting social clubs to such a level could be a delaying tactic that could prevent the law from being passed and pull the matter back to court.

Install indoor barriers?

Another controversial clause in the new bill is the requirement that cannabis smokers install physical barriers indoors to prevent the spread of secondhand smoke.

Like the restrictions on social clubs, this clause is largely considered impracticable.

Related

History made: Mexico’s Supreme Court lifts cannabis ban

Requires the consent of others

Smoking cannabis would also be prohibited in the presence of people who had not given their consent. This provision is generally considered not to be controllable.

Work ban after consumption?

A deeply vague clause in the new bill would make it illegal to work under the effects of cannabis. It is not at all clear how this provision is to be enforced by employers, the self-employed, or in the case of remote or home office workers.

40% of the cultivation licenses are reserved for farmers in the countryside

The victims of the Mexican cannabis-related drug war are widely recognized as the country’s poor farmers.

One of the most important measures of the current legalization law is a clause to grant 40% of cultivation licenses to rural communities. It would be active for at least five years, after which only 20% of the cultivation licenses would be reserved for rural communities.

Serious time for stealthy growth

Farmers noted that growing without a cannabis license would risk a potential prison sentence of up to six years.

Two hectares of agricultural parcels

Licensees would generally be granted 10,000 square meters (approximately 2.5 acres) outdoors and up to 1,000 square meters indoors. State regulators would have the power to increase the area granted, with an emphasis on such exemptions for marginalized communities and farmers.

Who Would Regulate Cannabis?

In the current draft law, a special cannabis agency under the Ministry of Health would regulate the cultivation permits and carry out awareness campaigns after legalization.

Members of the House of Commons, the Cámara de Diputados, said last year they would prefer to place regulatory powers in the hands of an existing anti-drugs ministry to combat addiction.

Deletion remains unclear

It remains unclear whether criminal records relating to individuals who have committed cannabis crimes that are obsolete under the new law will be cleared. A senator estimates that hundreds of Mexicans are currently jailed for simple property crimes.

Will this version finally exist?

President Andrés Manuel López Obrador did not support legalization despite previously calling for an end to the drug war. He recently suggested the possibility of a referendum on the matter. Around this time last year, he claimed minor “errors” in the proposed law had stalled legislation.

Senate majority leader Ricardo Monreal Avila of the ruling Morena party is a vocal supporter of the reforms, and the chamber has released tweets suggesting this is their top priority.

Many clauses are still being discussed

The proposals of the new bill are in flux to some extent and could be changed, although some matters have been agreed between the senators.

There is still considerable opposition to the idea of ​​total decriminalization. Several influential senators reportedly refuse to want to liberalize the rules to equate cannabis with tobacco. It is for this reason that the issue of allowing cannabis to smoke in public places remains so controversial, despite being a key demand for many proponents of legalization.

Other senators consider the latest bill a significant step forward and an improvement on the current situation.

Adopted by the Senate by December 15?

It has been proposed that the new bill be passed before the end of the voting session in the Senate on December 15, 2021. The House of Commons would then presumably vote on it between February and April 2022.

Some civil society groups have welcomed the movement on the issue and urged the health and justice committees to approve the bill so that it can be voted on by both houses of the legislature.

However, others continue to oppose it due to the possibility of over-regulation and the continued criminalization of possession and cultivation, which they believe undermines the social justice and human rights obligations set out in previous Supreme Court rulings lifting the ban.

This latest legalization bill went public the same week that the Mexican Supreme Court ruled that the federal ban on growing hemp for industrial purposes was unconstitutional.

Mattha Busby

Mattha Busby is a freelance writer based in Mexico. His work has appeared in the Guardian, Observer, Vice, GQ, and other publications.

View article by Mattha Busby

By submitting this form, you subscribe to Leafly news and promotional emails and agree to Leafly’s Terms of Use and Privacy Policy. You can unsubscribe from Leafly email messages at any time.