Several Mexican Senate committees have agreed to a marijuana legalization bill that they are submitting to the full body. But while lawmakers initially said a floor vote would come this week, the proposal is now being referred to a multi-party panel for consideration as leaders work to build a consensus around its provisions.
Text of the legislation, which was released on Friday, outlines the proposed regulatory model, under which adults 18 and older would be allowed to use, possess and purchase cannabis from licensed retailers. Individuals could also grow up to four plants for personal use.
The Justice, Health, Legislative Studies and Public Security Committees gave the legislation their approval—a development that comes after the panels first unveiled a draft proposal earlier this month that they crafted during a week-long permanent session.
Sen. Ricardo Monreal, the ruling MORENA party’s leader in the Senate, said on Saturday that the legislation “will be analyzed and deliberated” after the chamber passes a budget package this week.
Una vez aprobado el Paquete Económico 2020, esta semana se analizará y deliberará la Ley General para la Regulación y Control de Cannabis; esperamos que, mediante consenso, sea aprobada en los próximos días. Lo haremos sin estridencia, aplicando el buen juicio y la razón.
— Ricardo Monreal A. (@RicardoMonrealA) October 26, 2019
“We hope that, by consensus, it will be approved in the coming days,” Monreal said. “We will do it without stridency, applying good judgment and reason.”
But on Monday, several Mexican news outlets reported that the bill will first go to the Senate Political Coordination Board, a body that’s designed to coordinate inter-party consensus on legislative proposals. Monreal, who serves as president of the board, said there will be a delay, but the intent is to create a “finalized” product that puts “economic and social interests” first. It’s not clear how long the panel will take to advance the bill to a floor vote.
“I will slow it down a little,” the senator said, according to a translation.
“Many economic and social interests have been unleashed and I would like to do things well,” he said, referring to public reaction that has come in response to the committees’ work.
The board’s involvement will “shield against any interest outside or outside the legislative power, and we will recompose” the measure, he said.
Here’s what the draft marijuana bill would do:
The bill as proposed by the joint committees includes restrictions on advertising and penalties for marketing marijuana to youth. Businesses could not sell cannabis products that contain tobacco or alcohol under the proposal, and packaging would have to be standardized and generic.
Committee members agreed that an independent body, called the “Cannabis Institute,” would be responsible for regulating the industry. Among other things, the institute would be required to “establish the mechanisms and guidelines” to facilitate research into cannabis and its compounds to promote public health.
The institute would also be charged with issuing licenses for marijuana businesses, which would fall into one of four categories: cultivators, manufacturers, retailers and exporters/importers. Businesses could not hold more than one type of license.
In order to repair the harms of prohibition, the committees agreed that 20 percent of licenses would have to go to low-income individuals.
Companies interested in producing hemp, which is defined as cannabis containing one percent of less THC, would not have to obtain a license, but the institute would have to grant a more easily obtainable permit to those who cultivate the crop.
“The Institute will not be subordinated to any authority and will adopt its decisions with full independence, except those regarding health in the terms provided by the Political Constitution of the United Mexican States, the General Health Law and other applicable regulations,” the document states.
According to a timeline of the legislation, the institute would have to be established no later than January 1, 2021.
Additionally, the institute could set potency limits on THC and CBD concentration in cannabis products and it would be responsible for assisting in the testing of products and preventing their misuse. The institute would advise local and federal authorities on regulatory programs that it feels would be beneficial and also promote research into the plant.
The legislation details various penalties for the unauthorized possession of marijuana plants and seeds, as well as any refusal of inspections.
Edibles and beverages infused with marijuana could not be sold for recreational use, although medical cannabis patients could obtain them. No pesticides or other contaminants could be used in the cultivation process. The bill also emphasizes that people would not be allowed to drive while under the influence of marijuana.
People would also not be permitted to use cannabis at “any commercial establishment with public access and in any place where people are prohibited to use tobacco.”
The draft measure also clarifies the legality of the use of peyote and psilocybin mushrooms in tribal ceremonies.
The legislation was submitted nearly one week from the anniversary of a Supreme Court ruling that deemed the country’s prohibition on personal possession and cultivation of marijuana unconstitutional. Lawmakers have worked throughout the year to develop a policy that provides for cannabis regulation in a way that promotes public safety and mitigates the influence of cartels.
The document released by the committees also summarizes ten separate legalization bills that had been previously filed, which panel members said were each taken into account during their review. They also laid out various principles that a marijuana legalization model should adhere to.
Those principles include respect for the constitutional right to consume and cultivate cannabis, the government’s obligation to “promote, respect, protect and guarantee human rights” and ensuring equality and non-discrimination.
The Senate has also taken into consideration public input, gathered through a series of events it organized, including one that featured remarks from a former White House drug czar.
It’s not clear exactly when the legislature will act on the committees’ agreed-upon legislation, but the release of the document signals that lawmakers are making steady progress to end prohibition in accordance with the Supreme Court ruling.
Sen. Margarita Valdez of the MORENA party said on Saturday that the Senate will discuss the legalization proposal this week but did not indicate a specific day.
La próxima semana debatiremos y dictaminaremos sobre la regulación del Cannabis, sobre ese tema platicamos en el pleno el jueves pasado con el presidente de la Comisión de Justicia del Senado, Julio Menchaca.#SenadoraMargaritaValdez pic.twitter.com/BeiAqa6x79
— Senadora Margarita Valdez (@SenadoraV) October 26, 2019
The Supreme Court imposed a one-year deadline after deeming prohibition unconstitutional, which would put lawmakers days away from a requirement to change the law. Given that the Senate Political Coordination Board is set to take up the legislation prior to a floor vote, leaders have requested a deadline extension from the court.
Should the Senate approve the legislation, it will also have to pass in the Chamber of Deputies.
Meanwhile, a top lawmaker in that chamber is calling for the legalization and regulation of all drugs in order to prevent prohibition-related violence.
Harris Will Give Biden ‘Honest’ Input On Legalizing Marijuana And Other Issues As Part Of ‘Deal’
Democratic vice presidential nominee Kamala Harris says she has a “deal” with Joe Biden to candidly share her perspective on a range of progressive policies he currently opposes, including legalizing marijuana. Separately, she also recently discussed cannabis reform in a private meeting with rapper Killer Mike.
During an interview on 60 Minutes that aired on Sunday, the senator was pressed on marijuana and numerous other issues where she and Biden disagree. In response, while she didn’t specifically commit to proactively advocating for comprehensive cannabis reform, she pledged in general that she would always share her views with the would-be president if the pair are elected next week.
“What I will do—and I promise you this and this is what Joe wants me to do, this was part of our deal—I will always share with him my lived experience as it relates to any issue that we confront,” she said after the interviewer listed cannabis legalization among a handful of issues on which she and Biden depart. “I promised Joe that I will give him that perspective and always be honest with him.”
If elected, would Kamala Harris advocate for Medicare for All, a plan Joe Biden doesn’t support?
— 60 Minutes (@60Minutes) October 26, 2020
Asked whether that perspective will be “socialist” and “progressive,” Harris laughed and said “no.”
“It is the perspective of a woman who grew up a black child in America, who was also a prosecutor, who also has a mother who arrived here at the age of 19 from India, who also, you know, likes hip hop,” she said.
The senator’s taste in music also came up during her own 2020 presidential bid, when she said in an interview that she listened to Snoop Dogg and Tupac while smoking marijuana during college despite graduating before those artists released their debut albums.
Music culture has played a key role in this election cycle, and one of the strongest voices for criminal justice reform in the industry is Killer Mike, who worked as a surrogate for Sen. Bernie Sanders (I-VT) when he was running for the Democratic presidential nomination. The artist said he met with Harris on Friday and the two discussed cannabis business opportunities for communities of color.
Just had a meeting with Sen. Harris.
My points *Dems Need to be heavy on the door Knox’N, HR40 tweek it better and have Biden Sign, Fed Trades Programs for worker class Americans so u can build, Black men exit prison and entrance to marijuana biz as a priority for biz and jobs
— Killer Mike (@KillerMike) October 23, 2020
As she’s done repeatedly since joining Biden’s campaign, Harris also reiterated at a rally in Pontiac, Michigan on Sunday that the administration would pursue marijuana decriminalization and expunging prior cannabis convictions.
She made similar comments during a campaign event in Atlanta last week, stating that the “war on drugs was, by every measure, a failure, and black men were hit the hardest.” That said, while the senator has come to embrace broad cannabis reform, she’s faced criticism over her past opposition to legalization and role in prosecuting people for marijuana offenses as a California prosecutor.
In another interview released last week, Harris said she and Biden “have a commitment to decriminalizing marijuana and expunging the records of people who have been convicted of marijuana offenses.”
“When you look at the awful war on drugs and the disproportionate impact it had on black men and creating then criminal records that have deprived people of access to jobs and housing and basic benefits,” she said.
There’s been some frustration among cannabis reform advocates that Harris has scaled back her reform push since joining the Democratic ticket as Biden’s running mate. During her own run for the presidential nomination, she called for comprehensive marijuana legalization but has in recent weeks focused her comments on the more modest reforms of decriminalization and expungement.
Harris, who is the lead Senate sponsor of a bill to federally deschedule marijuana, said last month that a Biden administration would not be “half-steppin’” cannabis reform or pursuing “incrementalism,” but that’s exactly how advocates would define simple decriminalization.
In any case, the senator has repeatedly discussed cannabis decriminalization on the trail. She similarly said during a vice presidential debate earlier this month that she and Biden “will decriminalize marijuana and we will expunge the records of those who have been convicted of marijuana.”
In addition to those policies, Biden backs modestly rescheduling the drug under federal law, letting states set their own policies and legalizing medical cannabis.
Photo element courtesy of California Attorney General’s Office.
GOP Tennessee Senator Calls For Medical Marijuana Legalization In New Campaign Ad
A Tennessee senator touted his support for legalizing medical marijuana in a campaign ad released on Friday.
In the 30-second spot, which has notably high production value for this kind of local race, state Sen. Steve Dickerson (R) talks about both the therapeutic benefits of cannabis and the consequences of broader marijuana criminalization.
“As your state senator, I’ve led the fight to legalize medical marijuana so our veterans and sickest Tennesseans can deal with chronic pain,” he said. “But this same life-saving plant has led to mass incarceration, with nonviolent marijuana possession resulting in lengthy prison sentences.”
It’s past time for Tennessee to legalize medical cannabis and give our sickest residents a smart, safe treatment to help with chronic pain. Legalization and securing criminal justice reform have been my top priorities, and I won’t stop fighting until we’ve changed the law. pic.twitter.com/28eFUy3loZ
— Steve Dickerson (@DickersonforS20) October 23, 2020
“I think that’s wrong. That’s why I’ve been pushing for criminal justice reform,” the senator added.
Dickerson, who sponsored a medical cannabis legalization bill that cleared a Senate committee in March, said in a Q&A published earlier this month that the policy change would be among his top three legislative priorities if he’s reelected.
His Democratic opponent, former Oak Hill Mayor Heidi Campbell, is in favor of “fully legalizing marijuana,” with her campaign site stating that cannabis crimes “disproportionately impact people of color and it’s time to end marijuana prohibition.”
But while Dickerson has earned a reputation as a moderate Republican given his positions on issues like cannabis reform, he’s faced backlash after declining to denounce an independent ad taken out on his behalf that some, including the LGBTQ rights organization Tennessee Equality Project (TEP), called racist.
The ad, which was paid for by Lt. Gov. Randy McNally’s (R) political action committee MCPAC, hits Campbell over her support for a nonprofit organization that is designed to keep young people out of prison, and it frames the group as “radical” and “extremist.” TEP rescinded their endorsement of Dickerson over his refusal to condemn the ad.
In the Tennessee legislature, marijuana reform has yet to pass—but there’s growing recognition that voters are in favor of the policy change. For example, former House Speaker Glen Casada (R) released the results of a constituent survey last year that showed 73 percent of those in his district back medical cannabis legalization.
Another former GOP House speaker, Beth Harwell, highlighted her support for the reform proposal during her unsuccessful bid for governor in 2018, and she referenced President Trump’s stated support for medical marijuana on the campaign trail.
In other Tennessee drug policy politics, a lawmaker in June blocked a resolution to honor murdered teen Ashanti Posey because she was allegedly involved in a low-level cannabis sale the day she was killed.
Photo courtesy of Philip Steffan.
South Dakota Voters Back Marijuana Legalization And Medical Cannabis Ballot Measures, Poll Finds
Voters in South Dakota are poised to approve two separate ballot measures next month that would legalize marijuana and allow patients to access medical cannabis.
The initiative to allow adults to possess, grow and purchase marijuana leads among likely voters by a margin of 51 percent to 44 percent, with five percent undecided, according to the survey released over the weekend by Argus Leader Media and KELO-TV.
The medical cannabis item got 74 percent support in the poll, with 23 percent in opposition and 3 percent undecided.
When it comes to recreational legalization, voters are divided on the issue across demographic lines. Fifty-seven percent of those under age 50 back the ballot measure, while it is narrowly opposed by older voters. Seventy-three percent of Democrats and 58 percent of independents support the reform, but Republicans are against it, 61 percent to 34 percent. Men are on board, 56 percent to 40 percent, but women are divided with 47 percent in support and 47 percent opposed.
The separate medical cannabis ballot measure, on the other hand, enjoys supermajority backing among every surveyed group. In fact, it had a greater margin of support than any other item or entity in the entire poll, which also asked voters about the presidential election, other races on the ballot and approval of officials including the governor and U.S. vice president.
A separate survey released last month by marijuana opponents found that about 60 percent of South Dakota voters support the broader recreational legalization proposal and more than 70 percent back the narrower medical cannabis initiative.
Under the adult-use constitutional amendment, people 21 and older could possess and distribute up to one ounce of marijuana, and they would also be allowed to cultivate up to three cannabis plants.
The separate medical cannabis legalization measure that voters will decide on would make a statutory change to allow patients suffering from debilitating medical conditions to possess and purchase up to three ounces of marijuana from a licensed dispensary.
Gov. Kristi Noem (R), who previously vetoed a hemp bill, appeared in a new ad this month urging voters to reject the cannabis legalization ballot measure, saying, “I’ve never met someone who got smarter from smoking pot.”
Meanwhile, the pro-legalization campaign released its own spot featuring a retired police officer who says “our harsh marijuana laws aren’t working.”
“In 2018, 4,000 people were arrested for marijuana possession in South Dakota. That’s one in 10 arrests,” the former officer said in the TV advertisement, referencing a report that South Dakotans for Better Marijuana Laws published last month. “Each arrest costs $4,000. It doesn’t make us any safer. We’re wasting law enforcement time and resources that should be fighting serious crimes. So I’m voting ‘yes’ on A and 26.”
The data from that report also shows that—as is the case across the country—marijuana enforcement has had a disparate impact on people of color, despite comparable rates of consumption among white people.