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.
The summary
- The bill to legalize cannabis has been approved by the Senate
- 2021: A year of grace for cannabis in Mexico?
- Legalization of cannabis in Mexico: what effect will it have on the world?
- And what about the cartels in all of this?
The pioneers of 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 presents this duality. Why? Because, on one side, there are those who advocate for maintaining the prohibition. While on the other, some believe it would be wise for Mexican leaders to legalize cannabis. With this in mind, let's focus on those who support it: the pioneers.
How do they justify their position? In fact, the arguments are numerous. However, here, let's focus on two that we believe are crucial. On the one hand, maintaining the prohibition encourages the growth 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, those who championed this approach realized that prohibition doesn't actually work. The facts speak for themselves: more and more cartels! That being said, the ideal solution would be to legalize cannabis in Mexico. This, 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 fact, 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, Mexico's Supreme Court ruled that the prohibition of cannabis violated citizens' constitutional right to "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, legislators missed this deadline while debating the details of legalization.
In short, with respect to the above, the legalization of cannabis in Mexico would therefore be a restoration of freedoms.
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 for the Senate during this period." Moreover, she didn't stop there. In fact, Rodríguez displayed a marijuana plant in her office as decoration and then shared it on Twitter. We have included her tweet below.
This priority is given in the Senado for this period. pic.twitter.com/zvIEX35lSa
— Jesusa Rodríguez (@jesusardgz) August 31, 2020
In fact, following Jesusa Rodríguez, Senator Ricardo Monreal, the Morena coordinator within the party, also spoke out. He supported Rodríguez in these terms:
"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 at the heart of 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 on the legalization of cannabis in Mexico will have a number of consequences if it is passed. 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 proposed legislation entail regarding cannabis cultivation? Essentially, adults (over 18) could now cultivate up to 20 cannabis plants for personal use. However, the annual yield must not exceed 480 grams. From this perspective, patients requiring cannabis-based treatments could request permission to cultivate more than 20 plants.
Next, what about possession? In fact, the proposed law to legalize 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 marketing? The Mexican Institute for Cannabis Regulation and Control, a decentralized body created specifically 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 can we say about consumption? In fact, this bill to legalize cannabis in Mexico would set the country apart from others. Why? Because public consumption would be permitted, except in designated non-smoking areas. This is unprecedented!
The benefits of the bill to legalize cannabis in Mexico
It would be impertinent to ignore the benefits of this project 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 taxes collected can be used for other purposes, beyond the already planned fight against drug addiction. Furthermore, it would foster a sense of justice among the public, particularly for cannabis users who felt neglected.
The bill to legalize cannabis has been approved by the Senate
This was predictable, given the way the debate on cannabis legalization in Mexico. Our source, Forbes, reports that the bill has been approved by the Senate. Robert Hoban commented on this in 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 full adoption, including whether or not government oversight of personal cultivation is required.
In the same vein, he adds that:
Mexico seeks 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 did, however, express reservations regarding the sequence of events. On this subject, Robert clarified:
What seems counterintuitive about Mexico's legalization campaign is that hemp may or may not be included in the 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 extend 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 questions. This is precisely what Robertwhen 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 likely yes—if medical marijuana distribution points exist that sell 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 could 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's several years ago! But despite this slowness in the process, things have progressed.
In this regard, 2021 could be a kind of grace year for cannabis. Why? Because a number of actions point in that direction. To illustrate this, 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 was 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 context, 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 they 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 trend, local media outlets added their voices:
"But it's a matter of form, not substance."
So, the legalization of cannabis in Mexico would already be a reality in substance; but just requires a few formalities, in terms of form.
Legalization of cannabis in Mexico: what effect will it have on the world?
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. Moreover, some observers are quick to point this out.
1 – Jordan Lewis, CEO of Fotmer Life Sciences
"In many ways, Mexico is something of an indicator 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 continued:
"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, its 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, the legalization of cannabis in Mexico will open the door for foreign companies specializing in cannabis to invest in the country. 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 cannabis market of $2.25 billion in Mexico.
And what about the cartels in all of this?
It is simply impossible to discuss the legalization of cannabis in Mexicowithout considering 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 the face of legislative action. However, we must emphasize 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!
We present some opinions on the subject.
1- Gary J. Hale, non-resident researcher in drug policy and Mexican studies at the Baker Institute for Public Policy at Rice University.
He believes that Mexican cartels will rapidly improve their cannabis cultivation after legalization in Mexico. This is with the aim of enabling their illicit marijuana to compete with legal American markets in the years following Mexican legalization.
2 – Duncan Wood, Director of the Mexico Institute at the Woodrow Wilson International Center for Scholars in Washington, DC.
He believes that legalization will have a minimal financial impact on Mexican cartels. He notes, however, that it could reduce the number of young men in Mexican prisons for marijuana possession, who often end up being recruited into drug trafficking organizations.
References
- https://www.marijuanamoment.net/mexican-senator-decorates-desk-with-marijuana-plant-as-legalization-bill-is-poised-to-advance/
- https://www.newsweed.fr/quick-hit-aout-2020/
- https://merryjane.com/news/mexican-president-says-country-will-legalize-weed-in-2020-but-is-he-for-real-this-time
- https://www.newsweed.fr/mexique-legalisation-cannabis-repoussee-septembre/
- https://www.newsweed.fr/quick-hit-aout-2020/
Co-founder of CBD.fr
Julien Cordobes is the editor of CBD.fr. Born in 1978 in the Paris region, he first trained in e-commerce before turning to natural health approaches, a dual perspective that now structures his way of writing about cannabidiol: reading the scientific literature as it is, without hardening the conclusions, and presenting it in a language that everyone understands.
He discovered CBD at a time when the French market was developing faster than the information available to it. He acquired CBD.fr in 2022 and then took on editorial responsibility for the blog. Since then, he has published numerous articles covering the daily use of CBD, the interpretation of laboratory analyses, the evolution of the legal framework, and precautions for use.
