The Senate Agriculture Committee heard from federal agencies about efforts to implement the legalization of hemp at a hearing on Thursday.
In the months since the crop and its derivatives were federally legalized under the 2018 Farm Bill, lawmakers and industry stakeholders have made repeated calls to expedite the development of regulations providing for the lawful marketing of hemp products.
The panel requested updates to that end from invited witnesses, which included representatives of the U.S. Department of Agriculture (USDA), Food and Drug Administration (FDA) and Environmental Protection Agency (EPA).
Agriculture Committee Chairman Pat Roberts (R-KS) said the hearing was meant to provide “certainty and predictability for farmers” and that “this developing industry has great opportunity but—to be truthful—also has much uncertainty and risk for farmers.”
Roberts: I have talked repeatedly about two themes here in the Committee—providing certainty and predictability for farmers. However, this developing industry, has great opportunity but—to be truthful—also has much uncertainty and risk for farmers. #hemp #FarmBill
— Sen. Ag Republicans (@SenateAgGOP) July 25, 2019
Roberts: These are cautions regarding this new crop, but I am very supportive of new opportunities for farmers. It’s not often that an almost entirely new crop with this level of interest and market potential comes along. We even have facilities being built in Russell, KS #hemp
— Sen. Ag Republicans (@SenateAgGOP) July 25, 2019
“There are complex questions in this space. Is hemp the crop of a generation? What will this industry look like in 10 years?” he said. “I do not know the answers to these questions, and I am not sure if anyone actually can answer them.”
Roberts: I support the implementation of the 2018 #FarmBill in a farmer-friendly manner, and #hemp is no exception. Based on my history with FIFRA, I strongly support the development of the data and information needed to provide this crop with conventional crop protection tools.
— Sen. Ag Republicans (@SenateAgGOP) July 25, 2019
Roberts: There are complex questions in this space. Is #hemp the crop of a generation? What will this industry look like in 10 years? I do not know the answers to these questions, and I am not sure if anyone actually can answer them.
— Sen. Ag Republicans (@SenateAgGOP) July 25, 2019
Sen. Debbie Stabenow (D-MI), the committee’s ranking member, discussed the history of hemp in the United States, calling it a “new, old crop” that is part of a “great American tradition.”
Stabenow: Michigan farmers can cultivate hemp seeds to make new food products with whole hemp seeds, seed protein, and hemp seed oil. Innovators are looking at ways to use industrial hemp in biomanufacturing.
— Senate Ag Committee Democrats (@SenateAgDems) July 25, 2019
Noting that founding fathers like George Washington, John Adams and Thomas Jefferson all grew hemp, she joked that “maybe Lin-Manuel Miranda will make his next musical about that,” referring to the “Hamilton” creator.
Stabenow: Farmers need access to adequate financing to cover high costs. Entrepreneurs need capital to build the infrastructure needed to process hemp, which would create exciting rural business opportunities.
— Senate Ag Committee Democrats (@SenateAgDems) July 25, 2019
“We also need to ensure that these new opportunities in hemp production are fair and equitable for all farmers,” she said on a more serious note. “Given the USDA’s troubling history of discrimination, the Department must be proactive to ensure socially-disadvantaged farmers have the same opportunity to get a license to grow hemp. It’s also critical that there is fair testing and enforcement of harvested hemp across the board.”
Stabenow: We need to ensure these new opportunities in hemp production are fair and equitable for all farmers.
— Senate Ag Committee Democrats (@SenateAgDems) July 25, 2019
Witnesses on the first panel at the hearing included USDA Under Secretary for Marketing and Regulatory Programs Greg Ibach, USDA General Counsel Stephen Vaden, FDA Principal Deputy Commissioner of Food and Drugs Amy Abernethy and EPA Office of Chemical Safety and Pollution Prevention Assistant Administrator Alexandra Dunn.
The second panel consisted of National Hemp Association Executive Director Erica Stark, Red Lake Band of Chippewa Indians Tribal Chairman Darrell Seki and Kentucky farmer Brian Furnish.
Watch the hearing below:
Thursday’s hearing marks the second congressional cannabis-related meeting of the week after the Senate Banking Committee convened on Tuesday to discuss banking issues in the broader marijuana industry.
Even after hemp’s legalization, lawmakers and industry participants have raised concerns about ongoing problems accessing financial services businesses involved with the crop and its derivatives, some of which have said they’ve been denied credit lines and insurance policies due to a lack of guidance from federal regulators. That issue also came into play during Thursday’s hearing.
While few GOP senators attended the week’s earlier marijuana-focused meeting, hemp has garnered strong bipartisan support and this hearing reflected that shared political interest. Senate Majority Leader Mitch McConnell (R-KY) has been a particularly vocal proponent of the crop, shepherding his hemp legalization provision to passage as part of the large-scale agriculture legislation that was signed by President Donald Trump in December.
McConnell made an appearance and said that he’s “glad” the crop is “making a comeback, and it’s generated incredible excitement all across my state.” He noted that it is being grown in 101 out of 120 counties in Kentucky.
“This product is incredible—from food to clothing to wellness products, what a diversified product,” he said, adding that there are some remaining issues that need to be resolved. Those issues include ensuring that hemp farmers have access to crop insurance and financial services.
McConnell led Agriculture Secretary Sonny Perdue on a tour of a Kentucky hemp farm earlier this month and also met with Acting FDA Commissioner Ned Sharpless, advising the official to create a pathway for CBD to be lawfully marketed in food items and dietary supplements. Former Commissioner Scott Gottlieb said that developing such regulations could take years absent congressional action.
FDA’s Abernethy recognized in her testimony that a multi-year process for rules to be developed “is a long time to wait for regulatory clarity, particularly given the significant public interest in hemp products, and CBD in particular.” FDA said earlier this month that it is speeding up its rulemaking effort for CBD, adding that it plans to issue a status update by early fall.
“FDA is committed to advancing its regulation of hemp products through an approach that, in line with our mission, prioritizes public health, fosters innovation, and promotes consumer confidence.” – @DrAbernethyFDA
— U.S. FDA (@US_FDA) July 25, 2019
The official acknowledged that the Farm Bill “unleashed a wave of interest and innovation in hemp agriculture” and stressed “how significant of a policy sea change this has been.”
The FDA is providing regulatory clarity whenever possible, @DrAbernethyFDA said. The working group “is actively reviewing all potential regulatory pathways in order to determine the appropriate approach to #CBD” for products including food, supplements, animal feed and cosmetics.
— U.S. FDA (@US_FDA) July 25, 2019
Abernethy said that “FDA’s approach to cannabis and cannabis derived products, including hemp products, is to treat these products just like we do any other.”
“FDA is committed to advancing hemp products through the Agency’s existing regulatory pathways, and we are further exploring whether it would be appropriate to make additional regulatory pathways available to hemp products such as those containing cannabidiol (CBD). FDA believes taking this approach protects patients and the public health, fosters innovation for safe and appropriate products, and promotes consumer confidence.”
She went on to say that FDA is “wrestling with questions not only about the intrinsic safety of CBD, but also about potentially unsafe manufacturing processes for products containing CBD.”
It was an honor to testify today on Capitol Hill on the important topic of hemp and #CBD. FDA is fully committed to expediting our work to evaluate the regulatory policies related to those products. Miss the hearing? You can watch it here! https://t.co/pyDbNEvEfE pic.twitter.com/fokgpdzmEC
— Dr. Amy Abernethy (@DrAbernethyFDA) July 25, 2019
“FDA knows from CBD products it has tested that they may not contain the amount of CBD indicated on a label, or they may contain other potentially dangerous compounds that are not listed on the label,” she said. “Therefore, FDA must consider questions related to good manufacturing practices for CBD products and potential labeling that might be appropriate for these products to address any potential risks to consumers.”
— U.S. FDA (@US_FDA) July 25, 2019
Further, Abernethy described the complications the agency faces as it considers allowing for the lawful marketing of CBD products in the food supply or as dietary supplements. She suggested FDA would have to create exceptions for hemp under all of its regulations because carving out just one exception could “end up generating additional confusion in the marketplace—a result the Agency believes all stakeholders would prefer to avoid.”
“FDA will only consider creating legal pathways for CBD to be marketed as a dietary supplement or in a food if the Agency is confident that it can develop a framework that addresses safety concerns,” she said.
“Another issue that FDA plans to consider is whether allowing CBD to be marketed as a dietary supplement or in a food will deter clinical research to substantiate additional therapeutic uses for cannabis-derived compounds,” Abernathy added. “Less research into the promise of cannabis-derived compounds and fewer drug approvals in this area would be a significant loss for American patients.”
She also said that confusion generated from the legalization of hemp and its derivatives has led some companies to engage in interstate commerce and that “storefronts and online retailers have flooded the market with these products, many with unsubstantiated therapeutic claims.” Just this week, FDA sent a warning letter to CBD business Curaleaf for selling “unapproved products with unsubstantiated therapeutic claims,” sending the company’s stock plummeting.
“As this new market emerges, we have seen substantial interest from industry, consumers, and Congress,” she said. “However, in the midst of the excitement and innovation, FDA’s role remains the same: to protect and promote the public health.”
USDA, for its part, initially said that it was aiming to release an interim final rule for hemp in August, but the Department’s Ibach said in his testimony that while officials are “committed to timely establishment of this program,” the rule “is currently undergoing interagency review and we hope to issue regulations in the Fall of 2019 to accommodate the 2020 crop year.”
“Once the regulation is published and becomes effective, [Agriculture Marketing Service] will move quickly to establish the program,” Ibach said. “AMS will begin accepting and reviewing state and tribal plans as well as license applications submitted by individuals who are located in States or territories of Indian Tribes that will not operate their own State or Tribal plan, and who wish to be licensed under the USDA plan.”
EPA’s representative discussed the agency’s role in approving pesticides for hemp plants, saying that officials anticipate that “pesticide registrants will intensify their interest in gaining crop protection approvals for use” on the crop thanks to “strong economic forecasts for hemp production.
“I can report that the agency has recently begun to receive a number of registration requests seeking to add hemp to pesticide labels,” Dunn said. “Currently, there are 10 product registration requests under review at the EPA.”
Dunn also said that the agency is prioritizing and reviewing on an expedited basis requests involving biological and microbial chemicals because they tend to have a low environmental impact.
“I anticipate these will be the first of a group of decisions that will support growers and this new industry,” she said.
An interagency dialogue is underway across EPA, USDA, FDA and the Justice Department, she said. Additionally, EPA is “also in discussions with the Health Canada Pest Management Regulatory Agency about their approved pesticide labels and approaches to regulating hemp.”
During the second panel, Furnish, who was one of the first hemp farmers in Kentucky, talked about the potential of the hemp industry but also the unique risks that cultivators face.
Since the crop is now legal, “we need to take a close look and remove, one by one, the barriers to success so hemp can be on the same production playing field as all the other crops,” he said.
He also brought up part of Dunn’s testimony and emphasized the lack of EPA-approved pesticides for hemp.
“Most folks in the government and even in production agriculture probably don’t know or realize that hemp has no legal pesticide or herbicide or fungicide,” Furnish said. “A grower can lose its entire crop to weeds or pests. Without an approved herbicide or pesticide we may have to pay labor between $500 – $2500 an acre to pull the weeds to keep our hemp crop pure and healthy.”
Echoing a point that his home state senator, McConnell, has made on numerous occasions, he said hemp stands to be an economic benefit to Kentucky as tobacco farming dwindles.
“The labor necessary to successfully plant and harvest hemp is much the same as tobacco,” Furnish said. “That’s why hemp is and can be a great replacement for the dwindling tobacco production.”
“Corn, wheat and soybeans all have hundreds and maybe thousands of product uses. Hemp can too, but they need the barriers removed and the consistency and stabilization which come from the regulatory framework you all can give us. On behalf of the hemp farmers and growers, I’m asking for that help.”
The farmer also cited the lack of crop insurance and uncertainty about whether FDA will allow hemp derivatives in foods and dietary supplements as issues that lawmakers can help address.
Tribal Chairman Seki argued that USDA has left native populations out of the rulemaking process and he implored the department to take a more inclusive approach as it develops regulations for hemp, saying that officials have “frequently mischaracterized the sovereignty of Indian Tribes in the context of industrial hemp regulation under the 2018 Farm Bill.”
“Despite significant progress in the Farm Bill itself for Tribal sovereignty, USDA decisions to delay regulations are threatening to cripple Tribal industrial hemp projects before they can even begin,” he said. “If Tribes had always been on the same footing with states in terms of growing and regulating industrial hemp, this regulatory delay would merely be a source of frustration. Instead it poses a serious threat to competitive Tribal agribusiness.”
“The legalization of industrial hemp production marks a potential landmark economic opportunity for Tribes and Tribal producers through value-added agriculture. Because of this, it is vital that federal policymakers and agency officials negotiate with Tribal leaders, in robust government-to-government consultation, in shaping the federal regulatory structure implementing the industrial hemp provisions of the 2018 Farm Bill. This commitment must be made real from top to bottom at USDA. Otherwise, there is a high risk of this turning into yet another missed opportunity for Indian Country.”
A USDA memo released in May asserted that Indian tribes can engage with states that have approved hemp research programs authorized under the prior 2014 Farm Bill but they can’t authorize such programs themselves. Seki said it reflects a lack of inclusivity that native tribes are grappling with as states continue to move forward on hemp without the same restrictions.
He also decried delays in implementation, saying that “the more the AMS delays, the less time Tribal producers are given to prepare, plan, finance, and plant for the new crop year.”
Stark, of the National Hemp Association, said that the industry is in particular need of clarification when it comes to testing protocols, sampling, personnel eligibility requirements, cross-pollination and the importation of biomass.
“At the very heart of what we need to move forward is simplicity and clarity,” she said. “We need regulations that create an even playing field across the country. We need to eliminate the unintended consequences of legal ‘gray areas’ caused by each state testing differently and operating under a different set of rules and regulations.”
“The hemp industry has been struggling with legal uncertainties for too long and looks forward to reasonable regulations which will afford the opportunity for all to prosper within a clear legal framework,” she said.
While advocates have cast doubts on interest within the Republican-controlled Senate to pursue broader marijuana reform, hemp is one area where lawmakers from both parties have expressed support. And that sentiment was made clear during Thursday’s hearing.
Photo courtesy of Pixabay.
Maryland Lawmakers Must Override Governor’s Drug Paraphernalia Decriminalization Veto (Op-Ed)
“Criminalization, marginalization, isolation, injury and death are all part of a largely preventable cycle of harm.”
By Scott Cecil, Maryland Matters
The writer is a regional ambassador of the Baltimore Harm Reduction Coalition.
At the urging of public health professionals and harm reduction advocates during the 2021 session, the Maryland legislature approved Senate Bill 420 decriminalizing the possession of drug paraphernalia. Gov. Larry Hogan’s (R) decision to veto that bill flies in the face of the expertise of those same public health professionals and harm reduction advocates.
His action constitutes a failure to meaningfully respond to the calls to abolish hyper-criminalization in policing, reimagine public safety in our society and address the crisis of accidental fatal drug overdoses in Maryland.
Because of the veto, in Maryland, the tools which may be used to consume drugs will continue to be illegal to possess and use. This makes them scarcer and encourages people to share them with others, putting them at an elevated risk of contracting bloodborne illnesses and disease such as hepatitis and HIV.
Criminalization of paraphernalia is dangerous for all Marylanders, including those who do not use illicit substances, because it increases the likelihood that the public at large and law enforcement personnel can be directly harmed. Under continued paraphernalia criminalization, people who use drugs will continue to be reluctant to hold onto their supplies due to the fear that the police will use possession of these items as a means to search and arrest them.
With the threat of having to interact with law enforcement personnel, drug users are more likely to dispose of paraphernalia in public spaces. Paraphernalia criminalization laws also put law enforcement personnel at greater risk because they are more likely to be endangered by hidden supplies when interacting with or conducting a search of someone’s body or belongings.
Prohibitive drug paraphernalia laws are ostensibly intended to discourage both drug use and the availability of paraphernalia. Decades of the so-called War on Drugs has shown us that aggressive enforcement and criminalization of drug use have not reduced the rate of drug use in our society nor the availability of drug paraphernalia.
Meanwhile, the rates of infectious diseases and accidental fatal overdose deaths among drug users have surged. Last year, more than 93,000 Americans (including approximately 2,800 people in Maryland) died of accidental fatal drug overdoses.
Decriminalization or paraphernalia is rooted in the harm reduction principle of equipping people to use drugs more safely.
This is positive for everyone in the community—including law enforcement agents, by stemming the spread of infectious disease and lifting the stigma which so dangerously isolates people who use drugs.
By contrast, criminalization, and perceived suspicion of criminal activity—like illicit drug use—is far too often used as a means for law enforcement personnel to target historically marginalized groups, such as people living with mental illnesses and people who are surviving without access to housing. These folks are more likely to be suffering from substance use disorders, thereby placing them at extremely elevated risk of injury or death from drug use.
Criminalization, marginalization, isolation, injury and death are all part of a largely preventable cycle of harm. And criminalization is perhaps the only part of that cycle which can be meaningfully and quickly addressed by public policy and law.
The Maryland legislature understood this when they passed SB420 into law earlier this year. It is unfortunate that Gov. Hogan has failed to acknowledge this reality.
His statement on the veto demonstrates that he either lacks a sufficient understanding of the expertise of public health professionals and harm reduction advocates, or that his decision making on this issue has been clouded by outdated, misleading or simply false drug-warrior misinformation.
It is now up to the Maryland legislature to override his veto.
Maryland must be led down a path which has the greatest chances of success for reducing the risks associated with drug use for all Marylanders (including those who do not use illicit drugs) and stemming the tide of accidental fatal overdoses in Maryland which have reached catastrophic proportions.
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Pennsylvania’s Lieutenant Governor Wants To Process As Many Marijuana Pardons As Possible Before Leaving Office
The lieutenant governor of Pennsylvania is stepping up his push to get marijuana records cleared, promoting an expedited petition program that he hopes will provide relief to thousands of people negatively impacted by prohibition.
In an interview with KDKA that aired last week, Lt. Gov. John Fetterman (D) said one of his key goals in his final year in office is to ensure that as many eligible people as possible submit applications to have the courts remove their cannabis records and restore opportunities to things like housing, student financial aid and employment.
When the Pennsylvania BOP convenes next week, we’ll approve many more.
Serving up a 2nd Chance in PA- for FREE.
— John Fetterman (@JohnFetterman) November 26, 2021
“I’m a fervent believer in second chances. And one of the things I quickly discovered was that people’s lives were just being ruined by these silly charges, and you have all this unnecessary review [to seal records],” Fetterman, who chairs the state Board of Pardons, said.
“This is a plant that’s legal in many jurisdictions across America, and it’s not a big deal, but you go through your life in many cases a convicted felon, and that excludes you from a lot of opportunities,” he said. “So I developed an expedited review process that I encourage everybody to partake in.”
There are about 20,000 marijuana-related cases in Pennsylvania each year, he said. And some eligible cases go back decades, including one case that recently went through the petition process where a man had a felony conviction on his record for possession of eight ounces of cannabis that dates back to 1975.
“If you’ve got some stupid charge like that on your record, it doesn’t cost anything to apply, and we can get that off your your permanent record,” the lieutenant governor said. “I don’t care how conservative or how liberal you are politically. I don’t think we as a society should be really damaging people’s future for consuming a plant that is now legal in many jurisdictions—and soon will be in Pennsylvania.”
As the chair of Pennsylvania’s Board of Pardons, I’ve been pushing + delivering expedited pardons for weed convictions.
— John Fetterman (@JohnFetterman) November 22, 2021
While both Fetterman and Gov. Tom Wolf (D) support mass expungements of cannabis convictions, he said that, right now, this is “the only way to free records.”
But the official is optimistic about the prospect of future reform to both legalize marijuana in the state and provide an even more effective process to get past convictions sealed. He pointed to a legalization bill that was recently filed by a Republican lawmaker as an example of the “evolution towards this” and described the legislation’s introduction as “a quantum leap in acknowledging it.”
For now, however, he’s doing what he can to raise awareness about the expedited petition program under the Pennsylvania Board of Pardons. People with non-violent marijuana convictions can apply for free on the board’s website.
“I’m lieutenant governor for a little over a year, and we want to get as many people free of these silly convictions and charges that are holding the record back,” Fetterman said. “The application doesn’t cost anything. You don’t need an attorney. And our turnaround time is, right now, down to three to four months.”
Thank you for having me on.
Get that stupid weed charge off your record for FREE.
⏱ Process only takes months
🔜 Get your application in ASAP https://t.co/m2pYjZtANm
— John Fetterman (@JohnFetterman) November 17, 2021
In May, Wolf pardoned a doctor who was arrested, prosecuted and jailed for growing marijuana that he used to provide relief for his dying wife. That marked his 96th pardon for people with cannabis convictions through the Expedited Review Program for Non-Violent Marijuana-Related Offenses.
Meanwhile in Pennsylvania, a lawmaker introduced a bill last month to expand the number of medical marijuana cultivators in the state, prioritizing small farms to break up what she characterized as a monopoly or large corporations that’s created supply problems.
Separately, bipartisan Pennsylvania senators said this month that they are introducing a bill to allow medical marijuana patients to cultivate their own plants for personal use.
A much-anticipated bipartisan Senate bill to legalize marijuana in Pennsylvania that has been months in the making was formally introduced last month.
Sens. Dan Laughlin (R) and Sharif Street (D) unveiled the nearly 240-page legislation months after first outlining some key details back in February. It would allow adults 21 and older to purchase and possess up to 30 grams of cannabis, five grams of marijuana concentrate products and 500 milligrams of THC contained in cannabis-infused products.
Meanwhile, Rep. Amen Brown (D) recently announced his intent to file a reform bill that he’ll be working on with Sen. Mike Regan (R), who expressed his support for the policy change a day earlier.
Additionally, a separate pair of state lawmakers—Reps. Jake Wheatley (D) and Dan Frankel (D)—formally unveiled a legalization bill they’re proposing.
While each measure generally seeks and end to marijuana criminalization by creating a regulated, commercial model for cannabis, there are some provisions that make each piece of legislation unique. For example, the proposals vary in how they would approach taxes, revenue and social equity.
While these recent moves to enact reform in the GOP-controlled legislature are encouraging to advocates, a spokesperson for House Majority Leader Kerry Benninghoff (R) recently tempered expectations, saying that there’s “no significant support for the legalization of recreational marijuana in the House Republican caucus.”
Fetterman, who is running for U.S. Senate, told Marijuana Moment in a recent phone interview that he’s optimistic about the prospects of reform with these latest proposals, though he acknowledged that there may be disputes between legislators over how tax revenue should be distributed.
Wolf, for his part, has said that a bipartisan approach to legalization “would be a great thing. I think the time is right.”
Philadelphia voters also approved a referendum on marijuana legalization this month that adds a section to the city charter saying that “the citizens of Philadelphia call upon the Pennsylvania General Assembly and the Governor to pass legislation that will decriminalize, regulate, and tax the use, and sale to adults aged 21 years or older, of cannabis for non-medical purposes.”
Wolf said earlier this year that marijuana legalization was a priority as he negotiated the annual budget with lawmakers. However, his formal spending request didn’t contain legislative language to actually accomplish the cannabis policy change.
The governor, who signed a medical cannabis expansion bill in June, has repeatedly called for legalization and pressured the Republican-controlled legislature to pursue the reform since coming out in favor of the policy in 2019. Shortly after he did that, a lawmaker filed a separate bill to legalize marijuana through a state-run model.
A survey from Franklin & Marshall College released this month found that 60 percent of Pennsylvania voters back adult-use legalization. That’s the highest level of support for the issue since the firm started polling people about it in 2006.
An attempt to provide protections for Pennsylvania medical marijuana patients from being charged with driving under the influence was derailed in the legislature last week, apparently due to pushback by the state police association.
Mexican Senators Circulate Draft Marijuana Legalization Bill, With Vote Expected Within Weeks
A draft bill to legalize and regulate marijuana sales in Mexico is being circulated among senators, and a top lawmaker says the plan is to vote on the proposal before December 15.
While the legislation hasn’t been formally introduced yet, the draft measure largely reflects an earlier version the Senate passed late last year, with some revisions.
Senate Majority Leader Ricardo Monreal Avila of the ruling MORENA party has been pushing for the reform and recently said that there’s agreement among leading lawmakers to prioritize legislation to regulate cannabis.
▶️ La elección de ministra o ministro de la @SCJN y de magistrados del Tribunal Electoral en 17 estados, así como la regulación del cannabis; son algunos de los temas que el presidente de la Junta de Coordinación Política, @RicardoMonrealA, espera se aprueben pronto en el Senado. pic.twitter.com/YIzgA5wcLn
— Senado de México (@senadomexicano) November 22, 2021
The Mexican Supreme Court declared nearly three years ago that the country’s prohibition on the personal possession and cultivation of cannabis was unconstitutional. Lawmakers were then obligated to enact the policy change but have since been unable to reach a consensus on legislation to put in place regulations for a marijuana program.
At the request of legislators, the court agreed to extend its deadline for Congress to formally end prohibition on multiple occasions. But because of the repeated failed attempts to meet those deadlines, justices ultimately voted to end criminalization on their own in June.
Monreal previously said that the stage is set for lawmakers to actually pass a marijuana legalization bill during the new session after multiple attempts in recent years fell short of getting over the finish line.
Under the draft bill that’s currently being circulated, adults 18 and older would be allowed to purchase and possess up to 28 grams of marijuana and cultivate up to six plants for personal use.
Members of the Senate Health and Justice Committees were tapped to formulate the draft of a cannabis bill.
Es importante recordar que el anteproyecto de regulación de #cannabis que fue circulado no ha sido presentado oficialmente. Aún falta unos pasos. Diría que es una ley digna de aprobarse con algunos ajustes menores (eliminar posesión simple y restricciones a clubes). #UrgeRegular
— Zara Snapp (@zarasnapp) November 24, 2021
The text of the measure states that the purpose of the reform is to promote “public health, human rights and sustainable development” and to “improve the living conditions of the people who live in the United Mexican States.”
It would further “prevent and combat the consequences of problematic consumption of psychoactive cannabis and contribute to the reduction of the crime incidence linked to drug trafficking, promoting peace, security and individual and community well-being.”
Regulators would be tasked with developing separate rules to regulate cannabis for adult-use, research and industrial production.
The bill would establish a Mexican Institute for the Regulation and Control of Cannabis, which would be a decentralized body under the Ministry of Health. It would also be responsible for issuing licenses, overseeing the program and promoting public education campaigns around marijuana.
Retail licenses would need to be issued within 18 months of the enactment of the law.
In order to “compensate the damages generated by the prohibition,” the bill states that at least 40 percent of marijuana cultivation licenses would need to go to communities most impacted by cannabis criminalization for at least the first five years of implementation. After that point, at least 20 percent of licenses would need to be reserved for equity applicants.
After the Supreme Court independently invalidated prohibition earlier this year, advocates stressed that the decision underscores the need for legislators to expeditiously pass a measure to implement a comprehensive system of legal and regulated sales. They want to ensure that a market is established that’s equitable, addresses the harms of criminalization on certain communities and promotes personal freedom.
Advocates are pleased to see Senate leadership take seriously the need to establish regulations and provide access to cannabis for adults, but they have identified some provisions as problematic.
For example, possessing more than 200 grams of marijuana could still result in prison time.
❌ Se sigue penalizando la posesión simple, es decir, la posesión para fines de consumo personal (no suministro ni comercio). Esto quiere decir que, si posees más de 200 gramos, puedes ser condenado de 10 meses a 3 años de prisión.
— México Unido (@MUCD) November 23, 2021
Senate President Olga Sánchez Cordero, who previously served at a cabinet-level position in President Andrés Manuel López Obrador’s administration, recently said that “there is no longer room for the prohibitionist policy.” And she also says the influence of the U.S. is to blame for failed marijuana criminalization laws in her country.
The Senate approved a legalization bill late last year, and then the Chamber of Deputies made revisions and passed it in March, sending it back to the originating chamber. A couple of Senate committees then took up and cleared the amended measure, but leaders quickly started signaling that certain revisions made the proposal unworkable.
After the Chamber of Deputies previously approved the Senate-passed legalization bill, senators said that the revised proposal was critically internally conflicted—on provisions concerning legal possession limits, the definition of hemp and other issues—and lawmakers themselves could be subject to criminal liability if it went into effect as drafted.
But Monreal said in April that if the court were to make a declaration of unconstitutionality before a measure to regulate cannabis was approved, it would result in “chaos.”
The top senator also talked about the importance of lawmakers taking their time to craft good policy and not rush amidst lobbying from tobacco and pharmaceutical industry interests.
“We must not allow ourselves to be pressured by interests,” he said at the time. “The Senate must act with great prudence in this matter.”
Sen. Eduardo Ramírez Aguilar of the MORENA party said in April that “at this time, it is important to legislate in the terms that are presented to us” and then consider additional revisions to cannabis laws through subsequent bills.
That’s the position many legalization advocates took as well, urging lawmakers to pass an imperfect bill immediately and then work on fixing it later.
Mexico’s president said in December that a vote on legalization legislation was delayed due to minor “mistakes” in the proposal.
The legalization bill cleared a joint group of Senate committees prior to the full floor vote in that chamber last year, 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 year as well, but the pandemic delayed consideration of the issue. 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 health crisis.
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.
Late last year, Sánchez Cordero, then 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 Sánchez Cordero, a marijuana joint on the floor of the Chamber of Deputies in 2019. That joint is now framed and hangs in her office.
Cannabis made another appearance in the legislature last year, 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 draft marijuana legalization bill that’s being circulated in Mexico’s Senate below: