8 min read
The opinions of the employees of You are personal.
After several months of delays and interruptions, the Senate of Mexico this Thursday generally approved the opinion regulating the use playful, industrial and medical marijuana.
After five hours of discussion in the Senate committees, the opinion received 82 votes in favor, 18 against and 7 abstentions.
If this decision is passed in the House of Representatives from December 15, when the current legislature ends, Mexicans can carry up to 28 grams of the plant or a pack of 28 cigarettes and have 6 to 8 plants of marijuana At home.
In this way, the General Law Regulating Cannabis would allow companies to sell cannabis in licensed establishments and set maximum levels for cannabis THC (psychoactive substance in marijuana) and CBD (Cannabidiol).
What was the “marijuana legalization” process like?
Last Friday, November 13th, the Justice, Health and Legislative Studies Commissions began a remote discussion on the matter. The majority of the members agreed to the general and specific approval.
The combined committees announced that an addendum (ie an addition to the text) would be submitted with the considerations of the senators who did not agree with the opinion.
The plenary debate was as controversial as cannabis use. However, the legislature does not have much time to prolong the discussion. The Nation’s Supreme Court (SCJN) has set a deadline of December 15, 2020 to make a decision.
The Senate approves the creation of the Federal Law Regulating Cannabis.
The opinion, which also reforms two legal instruments, refers to @ Mx_Diputados.
Learn more about #CannabisLegal at: https://t.co/nyh0yWOlI9 pic.twitter.com/Ppr44Q6YqF
– Senate of Mexico (@senadomexicano) 20th November 2020
What you need to know about the new opinion
In the proposal of Federal Law Regulating Cannabis We do not speak of “recreational consumption” or “recreational consumption”, but of “adult consumption”.
“Persons of legal age are allowed to freely express their consent and to consume psychoactive cannabis,” says Article 13 of the legislation.
However, the free use of marijuana is subject to two conditions:
1. It should not be performed in front of anyone under the age of eighteen or anyone else who cannot expressly express their free and informed consent and who may be exposed to the harmful effects of secondhand smoke.
2. That it is not carried out in front of a person of legal age who has not consented to “avoid the harmful effects of secondhand smoke”.
Therefore, those under the age of eighteen who cannot expressly express their free and informed consent do not have access to adult or recreational cannabis. The consumption of marijuana in public or private work areas is also prohibited. Also, you must not drive, drive or operate any devices or machines that could be hazardous under the effects of THC.
The approval of the Federal Law on the Regulation of Cannabis in the Senate of the Republic is a great step forward in health, safety, human rights and the fight against organized crime. We are ending the forbidden era # Reply policy https://t.co/Qq2i7ggRLO
– Ricardo Monreal A. (@RicardoMonrealA) 20th November 2020
The points that stand out the most
+ The opinion includes the creation of the Mexican Institute for the Regulation and Control of Cannabis. It will be a decentralized body of the Ministry of Health with a director general who is freely appointed and removed by the head of this agency.
+ The creation of a Cannabis Institute for the Pacification and Reconciliation of the People.
In the new document, everything related to its medicinal uses and the industrial uses of hemp has been eliminated.
Allowed cultivation for personal use is limited to four psychoactive cannabis plants per person. These must stay at home with the consumer.
Possession of marijuana for personal consumption is permitted in amounts less than 28 grams. Anyone who owns between 28 and 200 grams will be fined between 5,200 and almost 261,000 Mexican pesos.
+ 3 to 6 year prison sentences are imposed if a person carries between 200 grams and 28 kilograms of marijuana. This is proven when it does not have the legal permits and / or the intention to sell it or deliver it for free. If the intention to commercialize it cannot be demonstrated, the sentence is 10 months to 3 years in prison.
+ Anyone who employs girls, boys or young people in activities related to sowing, cultivation, planting, harvesting, trading, production, distribution, delivery, sale and other stages of the production chain is punished with a prison sentence of between 5 and 10 years. of cannabis.
It is prohibited to market products that mix marijuana with substances such as alcohol, nicotine, tobacco, caffeine, energy drinks, or other substances considered psychotropic or non-psychotropic.
Jail terms of 3 to 6 years are imposed if a person wears between 200 grams and 28 kilograms of marijuana / Image: Depositphotos.com
Beyond production and personal consumption
In addition to regulating personal use (personal consumption), joint use in associations is also being considered. These cannabis groups can have 2 to 20 members and have a permit approved by the authorities.
“Approved establishments are considered to be places where cannabis and its derivatives are marketed for legal purposes and which have the appropriate license,” says the proposal.
Psychoactive cannabis consumption associations are allowed to plant a maximum of four plants per member. The plantations must not exceed 20 plants per plot.
On the other hand, Article 14 allows the sale of psychoactive cannabis and its derivatives for adults only within Mexico. Marketing is restricted to facilities approved by the new institute. They must meet certain requirements to obtain their license and are allowed to sell a maximum of 28 grams of marijuana per day to a single person.
Plantings may not exceed 20 plants per plot / Image: Depositphotos.com
Criticism of the legislative proposal
Associations promoting the use of marijuana have stated that the ruling is only aimed at controlling consumers, as their use and cultivation require a permit.
Senators from Morena suggest regulating marijuana use so you can plant it and consume it at home. You need to register on a register and the authorities enter your home to check that you meet all the requirements. What is noticeable among these is that minors cannot live in this place and that there are physical barriers that prevent other people from having contact with your cannabis plants.
The organizations warn that these measures would be intrusive and undermine citizens’ privacy. Additionally, they point out that the judgment of the large cannabis industry in front of farmers and vulnerable groups will benefit more.
Morena’s Senator Jesusa Rodríguez denounced that this proposal continues to criminalize and stigmatize the use of the plant as it still has various restrictions on consumption that do not apply to other substances such as alcohol.