Several Mexican Senate committees on Friday tentatively approved a revised bill to legalize marijuana during a joint hearing, with a formal in-person vote scheduled next week.

The legislation, which has circulated in draft form this month and further amended ahead of the meeting, 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 four plants for personal use.

Members of the Senate’s United Commissions of Justice, Health, and Legislative Studies advanced the bill, months after passing an earlier version. The panels first voted to dispense with that previous bill during Friday’s session.

🔴 Reunión de las Comisiones Unidas de Justicia, de Salud y de Estudios Legislativos Segunda para el análisis del dictamen en materia de la regulación de cannabis, del 13 de noviembre de 2020 https://t.co/URVdekV2Us

— Senado de México (@senadomexicano) November 13, 2020

A full Senate vote is expected soon after the committees’ in-person action on Wednesday, though advocates are still hoping for further revisions to promote consumers’ rights and social equity in the legal market.

The legislation as circulated earlier this week would have required individuals to obtain a government permit to cultivate marijuana for personal use, but the technical secretary of the Health Committee said on Friday that the provision was being eliminated.

Lawmakers 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.

Las Comisiones Unidas de Justicia, de Salud y de Estudios Legislativos, Segunda en reunión extraordinaria a distancia, analizamos el dictamen de la Ley Federal para la Regulación del #Cannabis, un tema de gran interés para la sociedad y que, sin duda, será histórico en México. pic.twitter.com/g7PTDEIxze

— Julio Menchaca Salazar (@Julio_Menchaca) November 14, 2020

Senate President Eduardo Ramírez said on Wednesday that there is a “consensus” to achieve the reform by the court-mandated date.

Advocates have been consistently pushing for legislative action on reform since the court ruling, though they’ve taken issue with certain provisions of lawmakers’ various proposals. Namely, they remain concerned about high penalties that can be imposed for violating the cannabis rules and feel the bill should further promote social equity in the industry.

𝗖𝗼𝗺𝘂𝗻𝗶𝗰𝗮𝗱𝗼: @MUCD exhorta al @senadomexicano a mejorar dictamen de regulación de cannabis 👉🏽 https://t.co/1j6UzX0Bg5 pic.twitter.com/BGOTYDsS2d

— México Unido (@MUCD) November 13, 2020

Ricardo Monreal, the ruling MORENA party’s coordinator in the Senate, said on Friday 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.”

Zara Snapp, a legalization activist with the Instituto RIA and the coalition #RegulacionPorLaPaz, told Marijuana Moment that advocates are “hopeful” because the body seems “open to a few changes” they’re pushing for.

Separately, a cannabis advocacy association raised concerns about certain provisions that they consider excessively restrictive such as limitations on ourdoor cultivation.

The Movement for Legalization 4/2020 said that “if this project is approved without modifications, fundamental parts of this thriving industry will be excluded,” according to a translation.

𝟭. 𝗔𝗰𝗲𝗻𝘁𝘂́𝗮 𝗹𝗮 𝗰𝗿𝗶𝗺𝗶𝗻𝗮𝗹𝗶𝘇𝗮𝗰𝗶𝗼́𝗻:

No elimina el régimen penal. Los delitos siguen intactos, incluyendo la posesión simple, conservando sanciones desproporcionales y los incentivos para la criminalización selectiva. pic.twitter.com/z48gCcuySQ

— México Unido (@MUCD) November 12, 2020

The legislation does make 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 six 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.

3. Sobreregula impidiendo el tránsito del mercado ilegal al legal: las personas usuarias necesitan tramitar autorización para el uso personal y licencia para realizar autocultivo (además de adecuar su casa y permitir que la autoridad entré a inspeccionar). pic.twitter.com/4IbTXGEeEd

— México Unido (@MUCD) November 12, 2020

Monreal originally said the chamber would vote on the legalization bill by the end of October, that timeline did not work out.

If the Senate passes the legal cannabis bill it will still have to go before the other house of the nation’s Congress, the Chamber of Deputies.

President Andrés Manuel López Obrador 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.

📌 El respeto a los derechos humanos es uno de los aspectos que se busca procurar al crear el marco regulatorio del uso del Cannabis en México, ¿lo sabías? pic.twitter.com/jo337RwIzD

— Senado de México (@senadomexicano) November 14, 2020

▶️ Procurar el libre desarrollo de la personalidad, es uno de los factores que se consideran en la creación del marco regulatorio del cannabis en México; conoce más de los aspectos que las comisiones analizan en la materia.👇🏼 pic.twitter.com/wEfCIZ8N6Z

— Senado de México (@senadomexicano) November 14, 2020

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.

Read the text of the revised marijuana legalization bill discussed by Mexican Senate committees below: 

Mexico Senate Marijuana Bill by Marijuana Moment

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A leading marijuana reform organization is demanding that President-elect Joe Biden appoint an attorney general who will take a hands-off approach to state cannabis policies, grant relief to those convicted over low-level possession and recognize the failures of prohibition.

In an email blast and call-to-action, NORML noted that the Trump administration installed two attorneys general who oppose legalization—including one, Jeff Sessions, who rescinded Obama-era guidance that generally discouraged federal prosecutors from intervening in state cannabis laws.

The organization is asking followers to sign a letter to the incoming administration that outlines their recommendations for the next attorney general. About 4,300 people had signed on as of Friday afternoon.

Join us as a citizen co-signer on our letter to President-elect Biden demanding the appointment of an Attorney General who will acknowledge the failures of marijuana criminalization and provide leadership toward ending its prohibition.

Sign here: https://t.co/uHCyvMUJOg pic.twitter.com/Q8RodsJMCe

— NORML (@NORML) November 12, 2020

Given that voters in five additional states approved ballot measures to legalize cannabis for medical or recreational purposes, NORML said “it is imperative that the incoming Biden-Harris Administration appoint an attorney general who will respect the will of voters and the laws of these states.”

They also pointed out that the current attorney general, William Barr, reportedly used significant departmental resources by directing investigations into 10 marijuana mergers out of personal animus for the industry.

“We cannot allow this sort of Reefer Madness to continue to flourish at the Department of Justice,” NORML Executive Director Erik Altieri said in an email. “We have never been closer to ending the cruel policy of prohibition, but we cannot stop pushing now.”

If Biden were to appoint a top federal prosecutor who is committed to taking the modest, discretionary reform steps that the group is calling for, that would also signal to voters that the former vice president will make good on his pledges to decriminalize cannabis and expunge prior marijuana convictions, the call-to-action says.

Here are the specific demands that NORML included in the pre-written letter to Biden:

“Americans deserve and demand an attorney general who will respect the will of the people and who will let states determine their own marijuana policies, unfettered by the federal government and in accordance with America’s longstanding federalist principles. We demand an attorney general who will direct U.S. attorneys not to interfere in, disrupt, or add unnecessary uncertainty to state-licensed marijuana markets. We demand an attorney general who will marshal the resources of the Department of Justice to review and pardon those convicted of federal minor non-violent marijuana possession crimes. Finally, we demand an attorney general who will acknowledge that the criminalization of marijuana and the stigmatization of those who consume it is a failed public policy that financially burdens taxpayers, encroaches upon civil liberties, engenders disrespect for the law and for law enforcement, and disproportionately impacts young adults and communities of color.”

In July, NORML circulated an earlier petition urging Trump and then-Democratic presidential nominee Joe Biden to back comprehensive cannabis reform ahead of the election.

But while Biden and Vice President-elect Kamala Harris have repeatedly pledged to decriminalize marijuana, the soon-to-be president remains opposed to legalization—even as a supermajority of his party backs the policy change and the House is set to vote on a bill to legalize cannabis next month. The Senate version of that legislation is sponsored by Harris.

Pro-legalization lawmakers have expressed optimism that the Biden-Harris administration will follow through on their cannabis pledges.

But to that end, there has already been a missed opportunity to showcase their commitment to reform. A transition team webpage featuring Biden’s racial equity plan describes multiple criminal justice reform policies the soon-to-be president will prioritize, but it notably omits mention of cannabis decriminalization despite the fact that he has previously linked the proposal to racial justice.

A campaign spokesperson told Marijuana Moment, however, that “nothing has changed,” and decriminalization remains an administrative priority.

Read the full letter NORML is encouraging people to send to Biden on marijuana and the attorney general below: 

President-elect Biden,

Congratulations on being elected the 46th President of the United States. Tens of millions of voters cast votes in favor of your Presidency. Additionally this year, millions of voters also cast votes resoundingly approving multiple statewide ballot measures legalizing and regulating the possession, use, and commercial sale of marijuana for adults. These voters represent a broad and diverse swath of the American electorate, with voters in deep “red” states (Arizona, Montana, and South Dakota) joining with voters in New Jersey, a “blue” state, to enact legalization. Voters in Mississippi and South Dakota also approved ballot measures approving medical marijuana access.

These election results once again affirm that marijuana legalization is a uniquely popular issue that is favored by the majority of voters of all political persuasions — with majorities of Democrats, Independents, and Republicans consistently endorsing legalization in national polls. The results also continue a multi-decade long trend of marijuana’s success at the ballot box. Since 1996, voters have decided affirmatively on 35 separate ballot measures legalizing cannabis (22 legalizing medical marijuana and 13 legalizing adult use). Once these latest laws are enacted, one out of every three Americans will live in a jurisdiction where the adult use of marijuana is legal under state law.

Given this overwhelming public support, and given your campaign pledge to reform marijuana policies and to respect the legitimacy of state-specific marijuana laws, we are calling on you to appoint an Attorney General who will uphold these policies.

Americans deserve and demand an Attorney General who will respect the will of the people and who will let states determine their own marijuana policies, unfettered by the federal government and in accordance with America’s longstanding federalist principles. We demand an Attorney General who will direct US Attorneys not to interfere in, disrupt, or add unnecessary uncertainty to state-licensed marijuana markets. We demand an Attorney General who will marshal the resources of the Department of Justice to review and pardon those convicted of federal minor non-violent marijuana possession crimes. Finally, we demand an Attorney General who will acknowledge that the criminalization of marijuana and the stigmatization of those who consume it is a failed public policy that financially burdens taxpayers, encroaches upon civil liberties, engenders disrespect for the law and for law enforcement, and disproportionately impacts young adults and communities of color.

We urge you to keep the campaign promises made by you, as well as Vice President-elect Kamala Harris, and appoint an Attorney General who will facilitate necessary changes in marijuana policies and who will respect the decisions of those states that have already moved in this direction.

Sincerely,
(The Undersigned)

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The U.S. Department of Agriculture (USDA) has awarded a national hemp advocacy group $200,000 as part of a program meant to promote international trade policies that support the industry.

The National Industrial Hemp Council (NIHC) will use the the USDA Market Access Program grant funds for the 2021 fiscal year to help develop marketing projects overseas, facilitate trade meetings with foreign partners and promote U.S. hemp products as the market expands.

While the grant serves a practical function, it’s also a symbolic development that demonstrate’s the federal government’s commitment to the burgeoning cannabis industry since the crop was legalized under the 2018 Farm Bill.

“We are grateful for USDA confidence and the recognition of NIHC as the industry leader in industrial hemp trade and marketing,” Kevin Latner, senior vice president for trade and marketing at NIHC, said in a press release on Friday. He added that the announcement “makes NIHC a trusted partner to USDA for hemp fiber, feed, food and CBD companies looking to break down trade barriers in markets overseas.”

Latner, who was appointed to a federal advisory committee on trade issues for USDA in July, told Marijuana Moment that “market access barriers that industries face fit into a couple of different categories, and in that way, the hemp industry isn’t unique—but in another way, the fact that it is a new industry means that there are a lot of questions that come up because there hasn’t been a lot of trade.”

“This is going to allow us to address questions of how do we export to countries that have maybe different threshold levels for THC? How do we test for THC? What are going to be the standards so that when products come in that have been recognized as approved in the United States that they are approved overseas?” he said.

NIHC says it plans to focus its advocacy on China and Europe as “top priority markets,” aiming to develop relationships and trade policies that will promote the sale of hemp products that are manufactured domestically.

The federal government has also recognized the market potential of China for the crop, which historically has been a main source of hemp imports. A trade deal announced at the beginning of the year requires the country to import hemp from the U.S. on a larger scale over the next two years.

A USDA spokesperson told Marijuana Moment in an email that the NIHC will use the new federal funds to “coordinate with the Food Export Association of the Midwest on developing and executing these hemp market promotion activities.”

The Midwest group was awarded $10,707,582 in FY21 Market Access Program funds. Of that, “$200,000 is dedicated to market promotion activities to benefit the hemp industry,” the USDA spokesperson said.

All of this comes as the agency continues to craft and refine regulations for hemp since its federal legalization.

USDA has approved a total of 69 state and tribal hemp regulatory proposals—most recently for Illinois, Indiana, Michigan, New Mexico, Oklahoma and South Dakota. Illinois and Oklahoma were among a group of states that USDA had asked to revise and resubmit their initial proposals in August.

While the agency released an interim final rule for a domestic hemp production program last year, industry stakeholders and lawmakers have expressed concerns about certain policies it views as excessively restrictive.

USDA closed an extended public comment period on its proposed hemp regulations last month. Its initial round saw more than 4,600 submissions, but it said in September that it was temporarily reopening the feedback period in response to intense pushback from stakeholders on its original proposal.

Because of those stakeholder concerns and USDA ongoing rulemaking, Congress approved a continuing resolution that extends the 2014 hemp pilot program until September 30, 2021. That program, which farmers consider more flexible than the newly proposed regulations, was initially set to expire at the end of October.

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Photo courtesy of Brendan Cleak.

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