As in many countries, cannabis was previously prohibited in Mexico. Its potential legalization could easily have become a taboo subject. However, things have changed in recent years. Why? Because the process of legalizing cannabis in Mexico is underway. More details below. Table of Contents
The precursors to cannabis legalization in Mexico
- 2021: A year of grace for cannabis in Mexico?
- Cannabis legalization in Mexico: What effect will it have on the world?
- And what about the cartels?
- The precursors to cannabis legalization in Mexico
Every bill has supporters and opponents. In fact, that’s the very principle of democracy. That said, the
legalization of cannabis in Mexico also experiences this duality. Why? Because, on one side, we have those who advocate for maintaining the prohibition. While on the other, some believe it would be wise for Mexican leaders to legalize cannabis. In this context, let’s focus on those who are in favor: the pioneers.
How do they justify their position? In fact, the arguments are numerous. However, here, let’s focus on two that, in our opinion, are crucial. On the one hand, maintaining the prohibition encourages the development of the black market and cartels. It’s important to clarify that just because a practice is prohibited doesn’t mean it doesn’t exist. In fact, the pioneers realized that prohibition doesn’t actually work. The facts are clear: more and more cartels! Therefore, the ideal solution would be to proceed with the legalization of cannabis in MexicoThis, in turn, would allow for continued control over production, possession, marketing, and consumption.
On the other hand, the prohibition of cannabis would be a violation of liberties. In this regard, Mexico’s highest court has reportedly intervened to put an end to this violation. In this context, the excerpt from our source, Merry Jane, is quite revealing. Let’s read it! On October 31, 2018, the Mexican Supreme Court ruled that the prohibition of cannabis violated citizens’ constitutional right to the “free development of personality.” As part of the ruling, the court imposed a one-year deadline on legislators to pass a bill on legalization. However, the legislators missed this deadline while they
debated the details of legalization. In short, with respect to the above, the
legalization of cannabis in Mexico would therefore be a restoration of liberties.
Continuing this trend, several prominent figures have not hesitated to speak openly on the subject. For example, Senator Jesusa Rodríguez believes that the legalization of cannabis in Mexico is a “priority issue in the Senate for this period.” Moreover, she doesn’t stop there. In fact, Rodríguez displays a marijuana plant in her office as decoration. She then shares this decoration on Twitter. We have included her tweet below:
Tema prioritario en el Senado para este periodo. pic.twitter.com/zvIEX35lSa
— Jesusa Rodríguez (@jesusardgz) August 31, 2020
Following Jesusa Rodríguez, Senator Ricardo Monreal, the Morena coordinator within the Senate, also weighed in. He supports Rodríguez on these points: “What I want to tell you is that she says cannabis legislation is a priority, and I tell her that yes, it is one of the group’s priorities.” (Source: Merry Jane)In short, these pioneers and many other prominent figures are behind the bill to
legalize cannabis in Mexico.
Let’s see what would happen if it were adopted.
The Implications of the Bill to Legalize Cannabis in Mexico
Indeed, like any bill, the one to legalize cannabis in Mexico will have a number of consequences if it is adopted. That said, for the purposes of this article, we are particularly interested in the cultivation, possession, sale, and consumption of cannabis in Mexico.
First, what does this bill stipulate regarding cannabis cultivation? In fact, adults (over 18) could now cultivate up to 20 cannabis plants for personal use. However, the condition is that the annual yield does not exceed 480 grams. From this perspective, patients requiring cannabis treatments could request to cultivate more than 20 plants. Next, what about possession? In fact, the draft law on the legalization of cannabis in Mexico addresses this. If adopted, any adult could possess up to 28 grams for personal use. Furthermore, possession of 200 grams would be decriminalized.
What about commercialization? Indeed, the Mexican Institute for the Regulation and Control of Cannabis, a decentralized body created for this purpose, would handle this aspect. Any company wishing to market cannabis would contact this Institute to obtain a license. That said, a 12% tax is planned.
What about consumption? In fact, this draft law on the legalization of cannabis in Mexico addresses this. This would set this country apart from others. Why? Because public consumption would be permitted, except in designated non-smoking areas. This is a first! The Benefits of the Bill to Legalize Cannabis in Mexico It would be impertinent to ignore the benefits of this bill for the Mexican state. Indeed, they are numerous. However, we will focus on the main ones. On the one hand, it will reduce the impact and scope of the black market and the cartels. On the other hand, the collected taxes can be used for other purposes, beyond the already planned fight against drug addiction. Furthermore, it would establish a sense of justice within public opinion, particularly for cannabis users who felt overlooked.
The Bill to Legalize Cannabis Has Been Approved by the Senate
This was predictable, given the direction the debate on cannabis legalization in Mexico was taking.
Our source, Forbes, reports that the bill has been approved by the Senate. In this vein, Robert Hoban
writes for Forbes: “There are still a few steps to take to legalize marijuana in Mexico, but the bill has been approved by the Mexican Senate. The bill will establish a regulated cannabis market, allowing those 18 and older to purchase and possess up to 28 grams of marijuana. It also allows for a personal cultivation provision, enabling individuals to grow up to four plants for personal use. Some technical requirements still need to be defined before outright adoption, including whether or not the personal cultivation process will be monitored by the government.”
He adds that:Mexico is seeking to regulate and legalize the plant, implement strict controls on ownership and the supply chain, and engage in domestic and, especially, international marijuana trade. Dollars invested in this industry must comply with all forms of financial source verification—in theory, this reduces the possibility of organized crime participating in this enterprise.
He does, however, express reservations regarding the unfolding events. On this subject,
Robert
explains:
“What seems counterintuitive about Mexico’s legalization campaign is that hemp may or may not be included in its final version—because it could pose too great a threat to existing Mexican industries. I would argue that this is precisely why hemp is so important—its versatility and multitude of industrial uses go far beyond the sole purpose of being cultivated for cannabinoid extraction.” Regarding cannabis consumers’ acceptance of this new way of operating, it’s important to ask the right questions. This is precisely what Robert does when he says: “Mexico has a well-documented history of cannabis use, but will these consumers shift their purchasing habits to a legal commercial market? The answer is probably yes—if there are medical marijuana distribution points selling products created through a regulated system. And will this system displace some of the large-scale illicit cultivation operations across Mexico?”
2021: A year of grace for cannabis in Mexico?
Some Mexicans were already losing hope that cannabis would ever be legalized in their country. In fact, this might seem logical. Why? Because it was in October 2018 that the Supreme Court declared the prohibition of cannabis unconstitutional. That was several years ago! But despite this slowness in the process, things have been moving forward.
In this regard, 2021 could be a year of grace for cannabis. Why? Because a number of actions point in that direction. Let’s look at a few examples. First, the country’s Ministry of Health published new regulations concerning the legal use of medicinal cannabis. Second, these regulations were reportedly accepted by Mexican President Andrés Manuel López Obrador. Finally, the deadline for the law’s adoption is set: April 30, 2021. In fact, due to time constraints, the lower house of the Mexican Congress requested an extension until April 2021. In this regard, President López Obrador stated at a press conference in December: “They asked the (Mexican) Supreme Court for an extension because the two chambers could not reach an agreement and lacked the time to make revisions.”
Source: https://www.leafly.ca/news/politics/mexico-is-moving-to-legalize-cannabis-in-2021-what-does-that-mean-for-the-us
Following this line of reasoning, local media outlets added:
“But it’s a matter of form, not substance.” Therefore, the legalization of cannabis in Mexico would already be a done deal in principle. But it only requires a few formalities, in terms of procedure.
Legalization of cannabis in Mexico: what effect will it have worldwide?
Indeed, Uruguay legalized cannabis in 2013. Canada followed suit in 2018. Mexico could also join this trend in 2021. It goes without saying that this step will have an international impact. In fact, some observers are quick to point this out.
1 – Jordan Lewis, CEO of Former Life Sciences: “In many ways, Mexico is a kind of bellwether for Latin American countries.”
Source: https://www.leafly.ca/news/politics/mexico-is-moving-to-legalize-cannabis-in-2021-what-does-that-mean-for-the-us
He adds:
“If Mexico implements a legalization program, sharing such a vast border with the United States, it signals the end of an era, I believe.”
Source: https://www.leafly.ca/news/politics/mexico-is-moving-to-legalize-cannabis-in-2021-what-does-that-mean-for-the-us He continues:
“And I think other Latin American countries will take note. This will accelerate the acceptance of legalization efforts throughout Latin America and the rest of the world.” Source: https://www.leafly.ca/news/politics/mexico-is-moving-to-legalize-cannabis-in-2021-what-does-that-mean-for-the-us
2 – Erick Factor, founder of the Canadian cannabis company MYM Neutraceuticals (quoted in the Spanish newspaper El Pais).
“Mexico’s location in the world is perfect, labor costs are perfect, its climate is perfect.”
Source: https://www.leafly.ca/news/politics/mexico-is-moving-to-legalize-cannabis-in-2021-what-does-that-mean-for-the-us
In other words, this legalization of cannabis in MexicoThis will open the door for foreign companies specializing in cannabis to invest in Mexico. This, in turn, will broaden the country’s tax base. Along the same lines, the consulting firm Cannacord Genuity, based in Vancouver, British Columbia, is already projecting a potential $2.25 billion cannabis market in Mexico.
And what about the cartels in all of this?
- It is simply impossible to discuss
- cannabis legalization in Mexico
- without addressing the cartels, which have, until now, held a monopoly on this market. In this context, it might be wise to ask a fundamental question: how will they react? Logically, they could either welcome this news or view it with suspicion. Some will argue that their reaction is largely irrelevant in light of the legislature’s actions. However, we must point out that at least 150,000 people have been murdered since 2006, when the Mexican government began its war against the cartels—and this figure does not include the tens of thousands of people who have disappeared and are presumed victims of the violence. Given such a toll, reflecting on this issue seems crucial!
- Here are a few opinions on the subject.
