Mexican Cannabis Law Pushing Through Before Year Ends

The country’s Senate overwhelmingly debates Mexico’s Cannabis Law. The proposed law would establish a billboard marketplace for industrial hemp and recreational marijuana under a replacement regulatory body to oversee the two sectors. Senators voted in favor of the bill by an 82-18 margin.

General provisions within the bill establish licensing for cultivation, research, commercialization and sales, import and export of cannabis raw materials and products. To become a law, the bill still needs the Deputy of Chambers of the Mexican Congress’s approval. However, there is still high demand for cannabis seeds in the market that leads to supply of cannabis-derived products.

Amended Laws

The variant of the law passed out of the Senate was later revised from a previous draft law. Vital points to the amended law that jurisdiction of regulation has been moved from the Ministry of the inside to the Ministry of Health.

The law would also organize social justice plans for little growers and communities suffering from cannabis prohibition. Also, it requires that 40% of licenses granted within the first five years would attend to indigenous communities who have suffered due to Mexico’s cannabis prohibition.

The draft law sets the road between hemp and marijuana at 1.0% THC. It would allow adults 18 and older to get up to twenty-eight grams of marijuana and cultivate up to four plants for personal use. Without penitentiary sentence is allowed for possession of up to 200 grams of weed. Before the reforms, the law would have required people to get a state permit to grow marijuana sea of green method for private use.

Cannabis New Regulation

A replacement body would set rules under the law, the Mexican Institute for Cannabis Control, to be created.

The original Federal Law of Cannabis Regulation, which preceded the law, came after Mexico’s Supreme Court ruled in 2018 that prohibition of cannabis possession and growing was unconstitutional. Moreover, it ordered legislation to legalize such activities by October 2019; unfortunately, the deadline was missed.

Jurisdictional Changes

Integral keys to the amendments are that jurisdiction of regulation has been moved from the Ministry of the inside to the Ministry of Health. Also, lawmakers moved to overlook medical cannabis from the bill, suggesting it will be covered by a separate medical cannabis law already in situ.

Industrial hemp within the new draft law is to possess a different legal framework. The bill does not consider cannabis-infused food and beverages, including those with CBD. A replacement body would set rules under the law, the Mexican Institute for Cannabis Control, to be created.

The draft law sets the road between hemp and marijuana at 1.0% THC. It would allow adults 18 and older to get up to twenty-eight grams of marijuana and cultivate up to four plants for private use. No jail penalty is assigned for possession of up to 200 grams of marijuana. Before the changes, the law would have required individuals to get a government permit to cultivate marijuana for private use.

Licensing & Social Justice

General provisions within the bill establish licensing for cultivation, research, commercialization and sales, import and export of marijuana and hemp raw materials and products. The law would also establish social justice programs for little growers and communities suffering from cannabis prohibition.

The prohibition of cannabis possession and growing was unconstitutional and ordered legislation to legalize such activities by October 2019, a deadline missed. The Supreme Court reset the deadline to April 2020 but again delayed it until December due to the pandemic.

Medical Cannabis Wins

Meanwhile, a medical cannabis law enacted in 2017, which affects both hemp and marijuana, remains to wait on regulations. Provisions within the 2017 medical cannabis law ordered the Mexican Health Department to write down rules by the top of 2017. However, those rules have yet to be completed four years later.

Mexico’s Federal Regulatory and Compliance Commission (CONAMER) recently rejected rules proposed by the Federal Commission of Sanitary Risks (COFEPRIS). COFEPRIS is a department of the Health Ministry that deals with medicines and medical devices.

The recent medical cannabis law, which authorizes the commercialization of cannabis for medicinal and research applications, treats marijuana and hemp in a pharma manner. Also, a medical context that specializes in cannabinoid extracts and precisely defining CBD and THC. Pharmaceuticals derived from both plants require prescriptions from licensed medical professionals, with products available only in pharmacies.

Side Notes 

A revised report of Mexico’s Federal Law of Cannabis Regulation, which might establish a billboard marketplace for industrial hemp and recreational marijuana, got tentative approval. The approval came from key Mexican Senate commissions.

Members of the Commission on Justice, Health, and Legislative Studies voiced the amended bill’s approval circulated earlier this month. More meetings are scheduled in the week before an eventual final vote by the commissions. Once the commissions log off on the bill, it might still need both Mexican Congress houses’ approval. 

Months after approving an ingenious version of the Federal Law of Cannabis Regulation in March 2020, the committees last week scuttled that measure for the amended draft law.


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