South Bend, Indiana Mayor Pete Buttigieg announced that he was competing for the 2020 Democratic presidential nomination on April 14, 2019 and dropped out on March 1, 2020.
If elected, he would have been the first openly gay and youngest president, and he’s supportive of marijuana legalization and drug decriminalization.
While the candidate hadn’t spoken extensively about cannabis reform prior to officially announcing his presidential bid, nor did he act on any marijuana legislation during his time in the mayor’s office, he’s quickly evolved on the issue. Here’s a look at where Buttigieg stands on marijuana.
This piece was last updated on March 2, 2020 to include the candidate’s statements and policy actions on marijuana since joining the race.
Legislation And Policy Actions
As mayor, Buttigieg does not appear to have signed legislation directly related to marijuana. He did, however, approve an ordinance in 2017 that prohibited businesses in the city from selling synthetic cannabinoids.
Thanks to the members of the new @NotInOurCmunity committee, we are raising awareness and accountability when it comes to “synthetic marijuana” and related harmful products. pic.twitter.com/FZNrBcKVap
— Pete Buttigieg (@PeteButtigieg) May 14, 2018
“Getting less attention [than opioids] nationally is the issue of synthetic cannabinoids, sometimes called synthetic marijuana,” he said in a press release commending the city council for approving the ordinance. “These products, sometimes available in convenience stores and gas stations, are much more dangerous than actual marijuana.”
Buttigieg has faced criticism over a report about racially disparate marijuana arrests in South Bend during his time as mayor. A campaign spokesperson said that “mayors don’t make the law related to drug possession.”
At a presidential debate, he was confronted about the enforcement data and said, “On my watch, drug arrests in South Bend were lower than the national average—and specifically to marijuana, lower than Indiana.” He added that there’s “no question” that systemic racial bias has been a factor in cannabis arrests.
Pete Buttigieg's campaign sends out a factcheck a little while after that exchange on drug decriminalization and drug arrest rates in South Bend. pic.twitter.com/Lw9091paqq
— Daniel Strauss (@DanielStrauss4) February 8, 2020
On CNN, the candidate said, “All of us are implicated in these problems, and I take responsibility for everything good, bad and indifferent that we did.”
“All of us are implicated in these problems, and I take responsibility for everything good, bad and indifferent that we did,” says former South Bend Mayor Pete Buttigieg when asked about the city’s marijuana possession arrest rates for black residents https://t.co/ZdAuJ5g1x8 pic.twitter.com/xHn9keAP0B
— CNN (@CNN) February 9, 2020
He similarly acknowledged racial disparities in marijuana enforcement in South Bend during an event in Nevada.
Buttigieg responds to a question about the police department scandal in South Bend by acknowledging successful responses and also ongoing failures like failure to recruit Black cops *and* persistence of racial disparity in marijuana arrests. The latter was a focus in last debate pic.twitter.com/4LKUyS2jGQ
— Daniel Marans (@danielmarans) February 18, 2020
On The Campaign Trail
Like most of his opponents for the Democratic nomination, Buttigieg favors marijuana legalization—but he’s also one of the only candidates who’s backed broad drug decriminalization.
In July 2019, the mayor released a racial justice plan that included policies to legalize cannabis and remove criminal penalties for possession of all drugs.
Named after American hero Frederick Douglass, this plan demands we take aggressive steps toward fulfilling long-broken promises of true equality, including reforming broken systems, strengthening access to credit, and injecting capital into the Black community.
— Pete Buttigieg (@PeteButtigieg) July 11, 2019
“We will, on the federal level, eliminate incarceration for drug possession, reduce sentences for other drug offenses and apply these reductions retroactively, legalize marijuana and expunge past convictions,” the plan states.
In a separate plan aimed at addressing mental health issues in the country, the candidate explicitly said he would pursue “decriminalizing all drug possession” during his first term in office if elected.
The plan also includes proposals to reduce sentences for drug offenses other than possession, increase access to the opioid overdose reversal drug naloxone and make it easier to implement syringe exchange programs.
“Eliminate incarceration for drug possession, reduce sentences for other drug offenses and apply these reductions retroactively, legalize marijuana, and expunge past convictions,” his campaign website states.
Buttigieg talked about his drug reform agenda during a visit to a dispensary in Las Vegas in October 2019, which Marijuana Moment attended.
During that trip, the former mayor told Marijuana Moment that doctors at the U.S. Department of Veterans Affairs (VA) should be able to recommend medical cannabis to military veterans. He also said that “legitimate medical use of cannabis should be covered” by health insurance.
To mark Veterans Day, Buttigieg released a plan calling for “legislation that will empower VA physicians to issue medical cannabis recommendations to augment a veterans’ broader treatment plan, in accordance with the laws of states where it is legal.”
He would also encourage VA to “conduct studies on the use of marijuana to treat pain.”
If Congress fails to act on cannabis reform, Buttigieg said in February 2020 that he would board Air Force One and “fly it directly into the home district of a member who is standing in the way” in order to pressure them to heed the will of voters.
At a Democratic presidential debate in February 2020, the candidate was pressed on his drug decriminalization plan. He took issue with the use of the word “decriminalization” to describe his proposal and said he simply wants to “end the use of incarceration as a response” to possession cases.
While major drug policy reform groups define decriminalization as a policy where the penalty for simple possession does not include incarceration, at least for a first offense, Buttigieg has been reluctant to embrace the term.
“Possession should not be dealt with through incarceration,” he said in a post-debate interview, adding that some cases could be treated as misdemeanor offenses but that the “point is that we have learned through 40 years of a failed war on drugs that criminalizing addiction doesn’t work.”
Buttigieg was asked in February how he would exercise the authority in light of President Trump’s move to pardon or commute the sentences of a former Illinois governor, a former New York City police commissioner and a financier, among others.
This president uses his pardon power to reward friends and allies.
— Pete Buttigieg (@PeteButtigieg) February 19, 2020
“I would start with nonviolent drug offenders caught up in the racial disparities of the failed war on drugs,” Buttigieg replied. “I actually think presidential clemency power can be an important part of how we decarcerate a country that is shockingly over-incarcerated. If incarceration made a country safe we’d be the safest country in the world, but we’re not.”
Legalizing marijuana and ending incarceration for simple drug possession would be part of his proposal to reduce incarceration by 50 percent, which he pledged to do during a speech at the Rainbow PUSH Coalition Convention in July.
“We cannot incarcerate ourselves out of this public health problem,” the plan says.
The drug policy proposals are part of Buttigieg’s plan to reduce “incarceration in this country without an increase in crime.”
He expanded on his plan at the Iowa State Fair in August, stating that he would reduce the prison population “using clemency powers, working with states, ending incarceration as a response to drug possession, and when we legalize marijuana—which we ought to do—we ought to have expungements as well for people whose incarceration is doing more harm than the original offense did, creating a whole generation of kids who have experienced the incarceration of a parent, which is a devastating experience to have.”
During a campaign stop in South Dakota in May, the candidate discussed his support for legalizing marijuana, abolishing private prisons and ending mandatory minimum sentences for nonviolent drug offenders.
After the governor of Iowa vetoed a bill in June that would have expanded the state’s medical cannabis program, Buttigieg wrote that thousands of patients “are struggling thanks to a limited medical marijuana program that doesn’t meet their health care needs” and that the veto “will only prolong their suffering.”
Thousands of patients in Iowa are struggling thanks to a limited medical marijuana program that doesn’t meet their health care needs — the governor’s veto will only prolong their suffering.https://t.co/jUN52FjldW
— Pete Buttigieg (@PeteButtigieg) June 8, 2019
Buttigieg told an Iowa radio station that he supports reform in part because “a lot of nonviolent drug offenses, where the way we responded to it, the incarceration, is actually doing more harm to society and costing us more than the offense itself did.”
In Council Bluffs, @okayhenderson asked Pete Buttigieg if he supports legalizing marijuana– he told Kay, “I would,” adding, “we’ve just hit the point as a country, where there are a lot of offenses …doing more harm to society and costing us more than the offense itself did.” pic.twitter.com/eqj0CYNgI2
— DJ Judd (@DJJudd) July 20, 2019
“When it comes to American drug policy,” he added, “I don’t think anyone can look at it and say it’s looking well, and when you add to that the racial disparities around the way it’s been applied, we clearly have to take a very deep redesign about the way we think about this and many other drugs.”
During an interview with The Des Moines Register’s editorial board, Buttigieg said that “while there continue to be all kinds of harms associated with drug possession and use, it’s also the case that we have created—in an effort to deal with what amounts to a public health problem—we have created an even bigger problem. A justice problem and its form of a health problem.”
A former White House drug czar from the 1980s reacted to his support for broad decriminalization and said that the candidate’s plan will encourage more substance misuse.
In January 2020, Buttigieg talked about his support for drug policy reform and also said that the country would “be much better off, frankly, with regular marijuana” compared to synthetic cannabinoids that are available on the marketplace.
A high school student here in Newton, Iowa asks Buttigieg about drugs in school.
He comments on synthetic marijuana: "It's basically rat poison sprayed onto grass. You'd be much better off, frankly, with regular marijuana than this stuff."
— Dan Merica (@merica) January 15, 2020
Buttigieg said that he would be open to forming a strategic partnership with Mexico and send in American troops to deal with drug cartels if American lives were at risk and the country solicited that assistance.
“By the way, a lot of this is a question of the demand side on the United States. Part of what we do is make drug trafficking less profitable by walking away from the failed war on drugs here in the United States,” he said. “That is a policy that we know through experience hasn’t worked. We have got to do our part here at home, and partner with countries abroad.”
Previous Quotes And Social Media Posts
Prior to his official campaign announcement, Buttigieg seldom discussed cannabis issues.
“I think even in Indiana, criminal justice reform, including marijuana [legalization]. We’re probably there,” he told Indianapolis Monthly in November 2018. “Maybe not a 70 percent majority, but a majority.”
“I really think a state-wide campaign in Indiana would do well, especially on the criminal justice stuff,” he added. “To find common cause between the younger, Libertarian right that’s not so sure about the Republican party as an institution. And a more traditional, progressive coalition. I think you can get there on drugs. I think you can get there on a lot of things related to criminal justice.”
“The safe, regulated, and legal sale of marijuana is an idea whose time has come for the United States, as evidenced by voters demanding legalization in states across the country,” he told The Boston Globe.
Buttigieg also said that he believes voters in his home state of Indiana, which doesn’t even yet have a comprehensive medical cannabis law, are ready to legalize marijuana.
During an interview on the radio program The Breakfast Club one month before formally announcing his presidential bid, Buttigieg brought up criminal justice reform and stressed the importance of supporting individuals who are released from prison for non-violent drug offenses as the country moves toward ending the war on drugs.
“We know the war on drugs is important, right?” he said. “What are we going to do about—if we decide that it actually doesn’t make sense to incarcerated for unbelievably long amounts of time for non-violent drug offenses, what are we going to do for the people we already did that to?”
“Are they going to have an experience that’s not so different from the experience of the end of slavery that says, ‘OK, I took off your chains so I’m sure things are going to go great for you,’” he said. “Are we going to do the same thing to people coming out of incarceration and say, ‘OK, that’s over. Good luck.’ Or are we going to have some intention around lifting them up and empowering them to contribute and thrive in our communities and our society?”
Personal Experience With Marijuana
Some of Buttigieg’s most extensive public comments about marijuana are related to his own personal experience with cannabis and law enforcement and, specifically, how it’s shed light on the concept of white privilege.
During an interview at South By Southwest, the mayor talked about how he was caught with a joint while a student at Harvard University.
“I was standing outside my dorm. I was on my way home from a party or something,” he said. “I ran into a friend and he had an acquaintance with him, and we were chatting, and at some point I noticed that she was smoking a joint. And just out of curiosity—there was like a little bit left—I was like ‘Oh, is that…’ And she handed it to me.”
“At exactly, precisely this instant, a police car drives by—university police—and I thought, well, that’s gotta go over the shoulder,” he said.
The officer apparently berated Buttigieg, swearing at him and calling Harvard students arrogant.
Earlier today, in @TexasTribune discussion at @sxsw, @anamariecox asked me about when I first started to become aware of my white male privilege. I told a quick story about getting caught with a joint in college. #SXSW pic.twitter.com/RKX81jdJoM
— Pete Buttigieg (@PeteButtigieg) March 10, 2019
“And then my hands are on the back of his trunk and he’s going through my pockets to see if I’ve got anything more on me,” he said. “He yells a few more obscenities, and just as I’m getting read to take a ride with him, he drives off. And that was it. It’s a funny story I can tell about my college days.”
But there was also an unfunny lesson to be learned, which has informed Buttigieg’s position on cannabis reform.
“A lot of people probably had the exact same experience, and would not have been believed, and would have been a lot worse than yelled at, and would not have slept in their own beds that night—and maybe would have been derailed in their college career because of it,” he said. “It’s one of many reasons why I think we have to end the war on drugs and move towards the legalization of marijuana.”
He also said that the odds of him facing more serious, lifelong consequences over the joint would be much greater if he wasn’t white.
“Think about that: That’s a funny story to me,” he said. “That can be a funny story to me. And if I were not white, the odds of that having been something that would have derailed my life are exponentially higher. So that’s one of many moments when I learned a thing or two about privilege.”
Separately, Buttigieg addressed how many times he has consumed cannabis in his book: “not many, but more than zero.”
That being said, he’s clearly abstaining on the campaign trail. He didn’t buy any marijuana during his trip to the Las Vegas dispensary, and he even declined a hit of an imaginary joint that was “passed” to him during an interview.
Marijuana Under A Buttigieg Presidency
Despite lacking a legislative history on cannabis reform, Buttigieg has grown increasingly comfortable identifying problems in federal drug policy and laying out specific solutions throughout his campaign. He’s made clear that his administration would support legalization if elected, and he’s gone further than many other candidates by backing broader drug decriminalization. His perspective on drug reform is also informed by an understanding of how these issues relate to mental health and racial justice.
Marijuana Legalization Could Curb Opioid Crisis In West Virginia, Governor Says
If West Virginia lawmakers send a bill to legalize marijuana to his desk, he will sign it, Gov. Jim Justice (R) said on Tuesday.
While he might not be personally in favor of adult-use legalization, he said in response to a question during a town hall event that he’s heard from members of the medical community who feel that regulating cannabis sales could actually reduce “drug-type problems” like the opioid overdose epidemic, which has hit his state especially hard.
“I’ll just tell it like it is, I’m not educated enough to make a really good assessment as of yet,” he said. “But I can tell you just this: I do believe that that is coming, and the wave is coming across all of our states, and as that wave comes, if our House Republicans and Democrats and Senate Republicans and Democrats would get behind that effort from a standpoint of legalization of recreational marijuana and they would be supportive of that, I would too.”
Watch the governor respond to the marijuana legalization question below:
The governor’s point about the broad public health impacts of legalization is substantiated in a growing body of scientific literature that’s found that increasing legal access to cannabis—which has been shown to effectively treat conditions such as chronic pain with minimal side effects—leads to fewer opioid prescriptions and overdose deaths.
Tuesday’s town hall wasn’t specifically about marijuana, however; rather, it centered on the state’s push to eliminate the income tax. On that note, House Majority Whip Paul Espinosa (R) recently circulated an internal poll among Republican lawmakers, inquiring about what kind of policies—including marijuana legalization—they’d be willing to support to make up revenue for the state as part of the plan to gut the income tax.
When asked about legalization as a means to raise tax revenue that could theoretically be used to get ride of the income tax, Justice said he’s principally opposed to broad reform but “I’m weakening on that position” because while his instinct is to reject regulating marijuana amid the state’s drug crisis, the medical community has shifted his perspective.
Experts “tell me that really and truly the legalizing of marijuana in certain areas or certain states that have that, from a recreational standpoint, have lowered their drug-type problems,” he said.
“If we could bucket the proceeds [from cannabis tax revenue] and use them in a way, just like this personal income tax reduction…in a really beneficial way for all our people,” he would be supportive of that.
Marijuana Moment is already tracking more than 700 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
West Virginia approved medical cannabis legalization in 2017, which Justice signed into law, and patients were just recently approved to start registering for the program. That said, the state must still partner with a testing laboratory before marijuana products are made available.
Two Democratic candidates who lost their bids for West Virginia House seats last year had pledged to introduce legislation to legalize marijuana in the state if they were elected.
Photo courtesy of Mike Latimer.
Mississippi House Replaces Senate’s Alternate Medical Marijuana Program With What Voters Originally Approved
“The people have spoken, with a constitutional amendment about medical marijuana, and that bill went against the spirit of what the people decided.”
By Geoff Pender, Mississippi Today
A House panel on Tuesday gutted a Senate medical marijuana proposal and inserted the medical marijuana language voters passed as a constitutional amendment in November.
“I’m interested in seeing that bill die—I think it just did die,” said Rep. Robert Johnson III, House minority leader. “The people have spoken, with a constitutional amendment about medical marijuana, and that bill went against the spirit of what the people decided.”
Johnson made those statements about Senate Bill 2765 on Tuesday afternoon, when it appeared the bill had died, with no Ways and Means Committee meeting called on the floor for the afternoon to take the bill up. Later, Ways and Means had a meeting and took the bill up, then struck the Senate language and inserted Initiative 65. It now goes to the full House and if passed, back to the Senate in its amended form.
Rep. Joel Bomgar, R-Madison, who helped lead, and fund, the successful citizen initiative to enshrine medical marijuana use in the state constitution, offered the amendment to replace the Senate bill language with Initiative 65’s language.
Senate Bill 2765 was originally a legislative alternative to the medical marijuana program voters overwhelmingly approved in November with Ballot Initiative 65, which is now being challenged in the state Supreme Court. The bill passed the Senate only after much wrangling and a “do-over” vote in the wee hours of the morning in mid-February. It was initially drafted to create its own medical marijuana program, regardless of whether the court upholds the voter-passed program. But it was amended during heated Senate debate to take effect only if the courts strike down the voter-passed program.
The legislative move had many Initiative 65 supporters crying foul, claiming the Legislature was trying to usurp the will of the voters. After lawmakers failed for years to approve use of medical marijuana despite a groundswell of public support, voters took matters in hand in November with Initiative 65.
Jessica Rice, director of the Mississippi Cannabis Trade Association was among many watching the legislative alternative marijuana bill with skepticism and trepidation. She questioned whether lawmakers were truly trying to provide a backstop in case courts strike down Initiative 65. If so, she said, they would codify Initiative 65 — as the House panel did — not come up with a proposal with higher taxes and more or different regulations as in the Senate version.
“Our position is that the people have already had an option to vote on a legislative created program, and they chose not to,” Rice said last week. “Just because this is up before the Supreme Court does not give the Legislature a second bite at the apple … I think this is about control — they want to be able to be in control of the program, but people have already rejected that.”
But many state leaders and lawmakers had lamented that Initiative 65 was drafted to favor the marijuana industry and is just short of legalized recreational use. It puts the Mississippi State Department of Health in charge of the program, with no oversight by elected officials. It also prevents standard taxation of the marijuana, and any fees collected by the health department can only be used to run and expand the marijuana program, not go into state taxpayer coffers. The measure allows little regulation by local governments, no limits on the number of dispensaries and otherwise leaves many specifics … unspecified.
The Senate proposal would have taxed medical marijuana, with a 4 percent excise at cultivation, and with a 7 percent sales tax patients would pay, which was originally 10 percent in earlier drafts of the bill. Most of the taxes collected would have gone to education, including early learning and college scholarships. And the Departments of Agriculture and Revenue would be in charge.
The bill also would have imposed large licensing fees on growers and dispensary shop owners. Originally, those fees would have been $100,000 for growers and $20,000 for dispensaries. Those were reduced to $15,000 and $5,000, respectively, on Thursday night. Other changes were made in an effort to assuage those who believed such fees would keep small businesses and farms out of the game.
The bill barely gained the three-fifths vote it needed to pass the Senate. It faced a Tuesday deadline for the Ways and Means Committee to pass it on to the full House. Ways and Means Chairman Trey Lamar had said late Tuesday he was still undecided on what to do with the bill.
He noted the Ways and Means meeting late Tuesday was not announced on the House floor, as is standard procedure.
“No, it wasn’t announced,” Lamar said. “We just added it to the schedule. I know that’s not the usual way we do it, but I wasn’t there to announce it on the floor.”
This left many believing the bill had died on deadline without a vote Tuesday—apparently, including House Speaker Philip Gunn.
Gunn said: “The issue, or the challenge here is that the people voted on it in November, and they spoke pretty strongly… I know there is a lawsuit, but that can be dealt with later if we need to. If the Supreme Court throws out that vote, then the Legislature can come back and deal with it. If they uphold it, well then I don’t know what the Legislature would have to do with it then.”
Mexican Lawmakers To Vote On Marijuana Legalization Next Week
A long-awaited floor vote on a proposal to legalize marijuana in Mexico is being scheduled in the Chamber of Deputies for next week, a move that comes months after the Senate approved the reform.
That said, lawmakers say there is still no formal revised bill for deputies to take up, and it will have to move through the committee process before being potentially returned to the Senate.
Martha Tagle Martínez, a member of the chamber’s Health Committee, said on Tuesday that several groups have reached out to her after receiving what appeared to be a draft legislation to regulate cannabis. She clarified that “there is still no formal or definitive document.”
The Political Coordination Board, which is established by party leaders to reach consensus on legislative issues, has set floor action for March 9. “But there is still no draft opinion,” Martínez said. When there is a bill, it will go to the Health and Justice Committees.
Adicionalmente, la JUCOPO de la @Mx_Diputados ha programado tener la discusión sobre la minuta del senado en materia de #Cannabis para el próximo 9 de marzo, pero aún no hay proyecto de dictamen. Cuando éste circule se deberá convocar a las comisiones unidas de salud y justicia.
— Martha Tagle (@MarthaTagle) March 2, 2021
Those panels will “analyze, discuss, modify and approve the draft opinion” before sending it to the floor.
While it remains to be seen what changes will be made from the Senate version, Martínez said that the current bill as approved in the other chamber does not fulfill the requirements of the Supreme Court, which deemed the prohibition on personal possession and cultivation of marijuana unconstitutional in a 2018 ruling. Lawmakers have since been tasked with ending criminalization, but they’ve repeatedly pushed back deadlines to enact the policy change.
Hasta ahora, ni la minuta del senado, ni observaciones hechas por el gobierno, atienden la resolución de la @SCJN para garantizar los DDHH y el libre desarrollo de la personalidad de usuarios de #Cannabis.
Es nuestra responsabilidad de @Mx_Diputados centrar la discusión en ello.
— Martha Tagle (@MarthaTagle) March 2, 2021
Now the legislature has until the end of April to legalize cannabis nationwide, and it seems next week’s action will set the stage for Congress to make good on its obligation.
In the meantime, the Health Committee already held a preliminary discussion on the issue last month.
EN VIVO / Reunión de Junta Directiva de la Comisión de Salud https://t.co/fToNXQd19B
— Cámara de Diputados (@Mx_Diputados) February 24, 2021
Members of the panel said they wanted to hold four sessions to debate the legislation, but its president, Carmen Medel Palma, has yet to convene them and wants to speed up the process, La Jornada reported.
The Justice Committee also met to discuss the matter on Sunday, according to the group Cáñamo México.
Estimadxs integrantes de la Comisión de @Justicia_Dip, ¿serían tan amables de informarnos lo sucedido en su Reunión Extraordinaria de la Junta Directiva sobre la dictaminación de la Ley Federal para la Regulación del Cannabis sucedida hoy a las 17 horas? @Mx_Diputados #Cannabis
— Cáñamo México (@canamo_mexico) March 2, 2021
The two panels were initially expected to send a revised legalization proposal to the floor last month, but that didn’t happen.
➡️ Informa la presidenta de la Comisión de Salud que se prevé que esta semana se convoque a reunión de comisiones unidas para discutir y votar el dictamen a la minuta en materia de regulación de cannabis. https://t.co/2mBuGsv3kj
— Cámara de Diputados (@Mx_Diputados) February 23, 2021
President Andres Manuel Lopez Obrador, for his part, said in December that a 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 eager 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.
In response to unofficial drafts of the legalization measure that were obtained by advocacy groups, Regulación Por La Paz said the proposals “give way to a regulation designed as a way for the great national and international capital, at the cost of the criminalization of users” and that the draft legislation “prioritizes the interests of the industry over rights and needs of the Mexican citizenship.”
⚠ #Comunicado ⚠
Desde #RegulaciónPorLaPaz vemos con preocupación el rumbo que está tomando la discusión en torno a la regulación de #cannabis en la @Mx_Diputados debido a que prioriza los intereses de la industria por encima de los derechos y necesidades de la ciudadanía. pic.twitter.com/zSy3phdNMr
— Regulación Por La Paz (@regulacionxpaz) February 24, 2021
“The worst they propose [is] a registry for self cultivators,” Mariana Sevilla of Regulación Por La Paz told Marijuana Moment, adding that she also concerned about the inclusion of vertical integration for cannabis businesses.
Activists also want to increase the percentage of licenses granted to people harmed by prohibition.
“To avoid the formation of corporate oligopolies and promote a horizontal and inclusive market that encourages dignified participation and fair conditions for communities in vulnerable situations, it is essential to incorporate a perspective of social justice,” Zara Snapp of the Instituto RIA and #RegulacionPorLaPaz wrote in an op-ed coauthored by ReverdeSer Colectivo Coordinator Amaya Ordorika Imaz.
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.
In general, the Senate bill would establish a regulated cannabis market, allowing adults 18 and older to purchase and possess up to 28 grams of marijuana and cultivate up to six plants for personal use.
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.
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.