Mexico is on the verge of becoming the third country in the world to legalize all cannabis use. The end of the approval process for the Federal Law Regulating Cannabis in Mexico. Let’s remember that the law was passed by the Senate in November 2020 and by the Chamber of Deputies in March 2021.
Due to the multiple modifications and changes that the MPs had made to the bill, the bill had to be sent back to the Senate so that the changes could be validated and thus finally become a reality.
Back in the Senate, the project seemed to have the consensus it needed to move forward, so two of the three government committees took advantage of it; Judicial and legislative studies.
However, allegations of errors and unconstitutionality were voiced by the leadership of the parliamentary majority, which through Ricardo Monreal completely stopped the progress of the project. In this way, the Senate made changes to the alleged errors. The bill will again be sent back to the House of Commons for ratification of the changes.
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What can happen?
There are several scenarios. The first is for the Senate to request an extension of the SCJN for the fourth time, in the hope that this time will be the last and that the issue will be discussed again in the next regular session. that is from September to December 2021.
Another option is for Congress not to move for the extension, but rather to discuss the ordinance this summer at an exceptional period after the elections are over, as there are voices confirming that the ordinance would be halted due to the political cost of approving it before the elections. Generate mid-term elections.
The scenarios in which Congress fails to legislate is for the SCJN to give more time to legislative power alone or to activate the process of general declaration of unconstitutionality, i.e. declaration Article 235, last paragraph, 237, 245, Section I, 247, last paragraph and 248 of the General Health Act are not applicableAs a result, these articles leave the current regulatory framework and literally leave the industry in regulatory limbo.
Regarding the process of general declaration of unconstitutionality, Sen. Ricardo Monreal has stated that it would take the SCJN longer to prepare and vote on the declaration project than it would take Congress to pass the legislation and Congress before failure to comply with the granted Deadline preserved.
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It is important remind consumers that cannabis is not yet regulated in the countryTherefore, it is not possible to know for sure the quality of the products on sale today and whether they were consciously grown and produced.
It must be taken into account that even if the law has been passed, it does not mean that you can have pharmacies with products from day one, as the implementation process will certainly take more than a year.