Mexico Is Trying To Legalize The Sale Of Cannabis In September

Even though cannabis legalization seems close in Mexico it seems it is still a distance away. This is in regards to Mexico regulating its recently passed adult-use cannabis market. Back in 2015, the first Supreme Court determined that the complete prohibition of marijuana for personal use was unconstitutional. This was due to it going against the rights of the free development of personality. To reach a legal council in Mexico, one must be victorious in five consecutive cases. This must be done with equal or more votes and this has to be accomplished before the Supreme Court.

This was carried out back in October 2018, which blasted a legislative mandate. To which within 3 months, Mexico’s Senate should revise the articles in the General Health Law that were considered unlawful. The initial deadline came and went without the Senate amending the articles. The next course of action was the Senate inquired about an extension, which was granted. The second deadline to fix this issue was up on April 30, 2020. However, another extension was granted due to the COVID-19 pandemic.

The Senate overwhelmingly passed the Federal Law to Regulate and Control Cannabis. This approval took place in November 2020. Soon after it was sent to the Chamber of Deputies. This is where the bottom of the house, will review it for approval. Since the deadline of December 15, 2020, was quickly arriving, the Chamber asked for its own continuation. The Supreme Court granted the extension until April 20, 2021. As well this is where the proposal had important revisions made before being approved by the Chamber. Now the next part is sending back to the Senate.

Mexico Is Pushing For An Adult-Use Cannabis Market

The Senate certainly had plenty of time to review this bill to where they know if they will either deny or accept the changes made. Nonetheless, if they did it would have made this the road less traveled. Still, the Senate had other ideas. Instead of passing the bill or request an additional extension, it solely did absolutely nothing. June’s national midterm elections were coming up, and political calculations were made. The legislative process came to a halt.

Because the Senate didn’t approve the legislation by the due date, the Supreme Court did what it had mandated Congress to do. It initiated a device to guarantee rights that had only been offered once before in Mexican history. It was known as the General Declaration of Unconstitutionality (GDU).


On June 28, the Supreme Court approved, with a qualified majority of eight of the 11 Ministers. Also, two articles in the General Health Law must be changed to permit adults to cultivate cannabis for personal use. These modifications were officially published on July 15, with specific instructions. These directions were sent to the Health Secretary to approve authorizations for any adult who applies.

The GDU has certain stipulations associated with it. Some of these restrictions say that this is only for personal use. In addition, it cannot be used to warrant any commercialization of cannabis or cannabis-derived products. Adults cannot use marijuana in the presence of minors, or other adults who have not expressly given their permission. Neither can they use heavy machines or operate a vehicle while under the influence of THC.

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With the GDU, the judicial process ends. Nevertheless, the Supreme Court was transparent in its concluding recommendations:. Which is Congress can and should legislate to clear up discrepancies and generate a legal structure for those who use marijuana.

The Senate could still rule to take up this matter again in September when it returns to its legislative session. Yet this will depend mainly on its political impulse. The body no longer has a cur off point that needs to be adhered to. However, there are increasing calls from society to regulate the market beyond home-grow.

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As well as numerous legal disputes that clearly need to be solved. The General Health Law has now been revised and the health secretary must approve permits for adults to conduct home grows. Yet the Federal Criminal Code has not altered it still penalizes those same activities with penalties varying from 10 months to three years or more in jail.

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The Supreme Court ruling overlooks the need for comprehensive regulation. What this would do is allow Mexico to implement taxes on commercial activities. Currently, these commercial activities are still criminalized with penal punishments. It also ignores the importance of an amnesty program. Mainly for the many people currently imprisoned on low-level cannabis crimes.

The Senate should now revisit the bill it originally approved. It should keep the positive features of the proposal. Furthermore, this would better things well beyond the reach of the Supreme Courts’ verdict. These involve stipulations for cannabis associations for home-grow without the need to request authorization. As well as for a regulated market with a social justice perspective.

To which allocating 40 percent of growing licenses to communities wrecked by prohibition and imposing restrictions on large companies. The Senate could also develop upon the last version of the bill by eliminating simple possession as a crime. So this could be done by allowing the associations to operate immediately. In addition to guaranteeing the participation of small and medium companies through strong government support.


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