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Mexican Committees Approve Revised Marijuana Legalization Bill, With Floor Vote Expected Wednesday

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Lawmakers in two key committees in Mexico’s Chamber of Deputies amended and approved a Senate-passed bill to legalize marijuana nationally on Monday, setting the legislation up for floor action that is expected on Wednesday.

Members of the chamber’s Health and Justice committees approved the cannabis bill in a joint vote of 34-11, with 12 abstentions.

Lawmakers made several significant revisions from the version that passed the Senate in November.

Generally speaking, however, most of the main provisions of the legislation remain intact. Adults 18 and older would still be allowed to purchase and possess up to 28 grams of marijuana and cultivate up to six plants for personal use, for example. But lawmakers revised the regulatory structure, rules for the commercial market and licensing policies, among other aspects.

Among the most significant amendments is that the revised bill would not establish a new independent regulatory body to oversee the licensing and implementation of the program as was approved by the Senate. Instead, it would give that authority to an existing agency, the National Commission Against Addictions.

To the dismay of advocates, the bill was also changed to include a provision requiring that people who want to grow their own marijuana at home register with the government for approval to do so.

Another change would be the creation of a license category for vertically integrated marijuana businesses that could control all areas of production and sales. However, there is language included in the measure to “prevent undue concentration that affects the market.”

While the bill would give priority for those licenses to marginalized communities, advocates are worried that there might not be strict criteria to actually ensure that ends up being the case. They had wanted to specific percentage of licenses to be set aside for those communities, but that’s not in the new bill.

For the purposes of public consumption, cannabis would be treated the same as tobacco under the amended legislation, but it could not be sold online or through the mail.

The text of the revised measure also seeks to reframe the reform as being about protecting public health rather than economic growth.

“Given that the proposed legislation would open the legal market for cannabis, a substance considered to be a narcotic in the international treaties signed by our country, it is essential that the law issued for this purpose has a clear and defined public health approach,” it says. “For this reason, it is essential to modify the approach that predominates in the bill, which considers the cultivation of cannabis as a means for economic growth and community development; which, if maintained like this, would encourage production and commercialism, neglecting public health, contrary to the guiding model that these committees intend to build.”

Additional changes are likely to be considered when the full Chamber of Deputies takes the bill up on the floor on Wednesday.

If deputies approve the legalization bill in amended form it will head back to the Senate, where lawmakers will consider the other chamber’s changes.

The draft of the revisions that the joint committees approved on Monday first circulated over the weekend.

While legalization advocates are happy to see the issue advancing, they do have problems with several provisions of the legislation.

Mexico Unido said that the revised proposal still “criminalizes users, puts criminal and administrative sanctions on them and invades their privacy.”

“The current ruling removed the locks on vertical market integration and the entry of the junk food and beverage industry,” it said. “And it did not eliminate excessive requirements such as seed control, traceability and testing, which exclude small participants.”

There would be six licensing categories under the proposal: production, distribution, sales, marketing and research—in addition to one that would provide for vertical integration.

Another change in the latest version concerns edibles, which would not be allowed to be marketed on a temporary basis until additional research is conducted into the products.

Following a 2018 Supreme Court ruling that deemed the prohibition on personal possession and cultivation of marijuana unconstitutional, lawmakers have been tasked with ending criminalization—but they’ve repeatedly pushed back deadlines to enact the policy change.

Now the legislature has until the end of April to legalize cannabis nationwide, and it seems this week’s action will set the stage for Congress to make good on its obligation.

President Andres Manuel Lopez Obrador, for his part, said in December that an earlier anticipated vote on legalization legislation was delayed due to minor “mistakes” in the proposal.

He said “there was no time to conduct a review” in the legislature before the prior December 15 Supreme Court deadline, but he noted that issues that need to be resolved are “matters of form” and “not of substance.”

The Senate passed the legalization bill in November and transmitted it to the Chamber of Deputies. Several committees took up the bill, with the Human Rights and Budget and Public Account Committees representing one panel that considered and advanced it just before the the court granted lawmakers’ latest deadline extension request.

While advocates are pushing for lawmakers to formally end prohibition, they hoped the delay would give them more time to try to convince the legislature to address their concerns about certain provisions of the current bill, namely the limited nature of its social equity components and strict penalties for violating rules.

The legalization bill cleared a joint group of Senate committees prior to the full floor vote in that chamber, with some amendments being made after members informally considered and debated the proposal during a virtual hearing.

Members of the Senate’s Justice, Health, and Legislative Studies Committees had approved a prior version of legal cannabis legislation last March, but the coronavirus pandemic delayed consideration of the issue.

The legislation as ultimately approved by the Senate made some attempts to mitigate the influence of large marijuana corporations. For example, it stated that for the first five years after implementation, at least 40 percent of cannabis business licenses must be granted to those from indigenous, low-income or historically marginalized communities.

Households where more than one adult lives would be limited to cultivating a maximum of eight plants. The legislation also says people “should not” consume cannabis in homes where there are underaged individuals. Possession of more than 28 grams but fewer than 200 grams would be considered an infraction punishable by a fine but no jail time.

Sen. Julio Ramón Menchaca Salazar of the MORENA party said in April that legalizing cannabis could fill treasury coffers at a time when the economy is recovering from the pandemic.

As lawmakers work to advance the reform legislation, there’s been a more lighthearted push to focus attention on the issue by certain members and activists. That push has mostly involved planting and gifting marijuana.

In September, a top administration official was gifted a cannabis plant by senator on the Senate floor, and she said she’d be making it a part of her personal garden.

A different lawmaker gave the same official, Interior Ministry Secretary Olga Sánchez Cordero, a marijuana joint on the floor of the Chamber of Deputies in 2019.

Cannabis made another appearance in the legislature in August, when Sen. Jesusa Rodríguez of the MORENA party decorated her desk with a marijuana plant.

Drug policy reform advocates have also been cultivating hundreds of marijuana plants in front of the Senate, putting pressure on legislators to make good on their pledge to advance legalization.

Read the text of the revised Mexico legalization bill below: 

Mexico Chamber of Deputies … by Marijuana Moment

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Tom Angell is the editor of Marijuana Moment. A 20-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy.

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