Mexico’s President Says Legal Marijuana Is About Freedom, As Legislation Advances In Congress
Mexico’s president said on Thursday that a bill to legalize marijuana nationwide that was approved by the Senate last week is “part of carrying out a revolution of consciences, where each of us is responsible for his actions.”
“The development of freedoms is very important,” President Andrés Manuel López Obrador said at a press conference in response to a question about whether legalizing cannabis is could be a “Trojan horse that corrupts the health of young people and leads to a higher crime.”
“Things do not have to be prohibited, prohibited, prohibited,” the president said. “If something is authorized, if something is allowed, well, act responsibly. I believe that this will happen in this new legislation on the use of marijuana. Have confidence in people and seek do good.”
López Obrador’s comments come as the cannabis reform bill is advancing in the country’s legislature.
After passing the Senate by a vote of 82 to 18, the bill was formally transmitted to the other body of the nation’s Congress, the Chamber of Deputies, this week, and has been referred to several committees there.
The proposal, which was circulated in draft form earlier this month, would establish a regulated cannabis market in Mexico, allowing adults 18 and older to purchase and possess up to 28 grams of marijuana and cultivate up to six plants for personal use.
It “seeks to regulate the use of cannabis and its derivatives, under the approach of public health, human rights and sustainable development, to prevent and combat the consequences of the problematic use of psychoactive cannabis and to contribute to the reduction of the crime incidence linked to drug trafficking,” the Chamber’s Board of Directors said in an announcement about receiving the legislation, according to a translation.
The bill will also promote “peace, security, and individual and community well-being,” legislative leaders said.
📌 Turna la Mesa Directiva de la Cámara de Diputados a comisiones la minuta que expide la Ley Federal para la Regulación del Cannabis y reforma y adiciona diversas disposiciones de la Ley General de Salud y del Código Penal Federal. https://t.co/KSY7V2ZeZp
— Cámara de Diputados (@Mx_Diputados) November 24, 2020
The body’s Justice, Health, Human Rights, and Budget and Public Accounts Committees will all take up the cannabis bill over the coming weeks.
It’s unclear whether the 500-member Chamber of Deputies will push for additional amendments, requiring the legislation to be sent back to the Senate for additional consideration. Marijuana legalization advocates remain concerned about a number of provisions in the proposal as it stands.
There were several revisions made in the Senate prior to last week’s vote, but most of those were technical in nature.
However, there were a number of notable changes, such as an increase from the initial limit of four self-cultivated plants per person and to make it so people who grow cannabis for personal use will not be subject to a requirement to have regulators track plants.
An additional change mandates that the government clear criminal records of people with past cannabis convictions within six months.
Lawmakers also removed a prohibition on owning more than one type of marijuana license, allowing for vertical integration of cannabis businesses. A previous version of the bill would have only allowed people from vulnerable communities to hold more than one license type.
Another modification that advocates are not happy with says that nonprofit associations of consumers that collectively cultivate cannabis must be located at least 500 meters from schools, sports and recreation centers and anywhere that third parties who have not given their consent could be exposed to smoke.
The legalization bill cleared a joint group of Senate committees prior to the full floor vote, with some amendments being made after members informally considered and debated the proposal during a virtual hearing last week.
Members of the Senate’s Justice, Health, and Legislative Studies Committees had approved a prior version of legal cannabis legislation in March, but the coronavirus pandemic delayed consideration of the issue.
While advocates have celebrated the advancement of cannabis reform through the legislature, they have fought hard for changes to better protect consumers’ rights and promote social equity in the legal market. Namely, they remain concerned about high penalties that can be imposed for violating the cannabis rules and feel the bill should do more to allow opportunities for small farmers.
However, Ricardo Monreal, the ruling MORENA party’s coordinator in the Senate, argued earlier this month that the proposal is a significant improvement on current laws against possession, which have “only caused the detention centers to be full of people for possession of a few grams of cannabis, which is why they seek to reduce the penalties in carrying of this product.”
Lawmakers have “the historic opportunity to regulate the use of cannabis within the Mexican regulatory framework, to allow better control of the health of users, the emancipation of organized crime activities and the use of its wide benefits for society,” he said, adding “this is a momentous moment in the public life of the country.”
Senators have been working on the reform legislation for two years since the nation’s Supreme Court ruled in late 2018 that the prohibition on possessing and growing cannabis is unconstitutional. The court ordered Congress to amend the law accordingly, but the legislature has struggled to reach consensus on the issue and has been granted several deadline extensions to enact the policy change.
The current deadline to legalize marijuana is December 15.
Senate President Eduardo Ramírez said this month that there is a “consensus” to achieve the reform by the court-mandated date.
The legislation makes some attempts to mitigate the influence of large marijuana corporations. For example, it states 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.
The Mexican Institute of Cannabis would be responsible for regulating the market and issuing licenses.
Public consumption of marijuana would be allowed, except in places where tobacco use is prohibited or at mass gatherings where people under 18 could be exposed.
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.
Monreal originally said the chamber would vote on the legalization bill by the end of October, but that timeline did not work out.
López Obrador, the nation’s president, said in August that marijuana reform legislation will advance in the session that began in September.
Sen. Julio Ramón Menchaca Salazar, also 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 last year.
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.
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