Legalization of cannabis in Mexico: vote scheduled before December 15

A bill to legalize and regulate cannabis sales in Mexico is currently circulating among Mexican senators, with the aim of voting on the proposal before December 15.

Although the legislation has not yet been officially presented, the draft largely reflects an earlier version which the Senate adopted at the end of last year, with a few revisions.

Senate Majority Leader Ricardo Monreal Avila, of the ruling MORENA party, has been pushing for reform and recently stated that there was agreement among key legislators to prioritize cannabis regulation legislation.

▶️ 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

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The President of the Mexican Senate, Olga Sánchez Cordero, also believes that the reform of cannabis regulation will be definitively adopted by December 2021.

A long way

Mexico's Supreme Court declared almost 3 years ago that prohibiting the possession and cultivation of cannabis by individuals was unconstitutional. Legislators were then required to enact this policy change, but have so far been unable to reach consensus on legislation to implement the regulation of a cannabis program.

At the request of legislators, the Court has repeatedly agreed to extend the deadline for Congress to formally end prohibition. But due to the repeated failure of attempts to meet these deadlines, the justices finally voted to put an end to criminalization of their own accord in June.

Under the bill currently circulating, adults aged 18 and over would be allowed to buy and possess up to 28 grams of cannabis and grow up to six plants for personal use.

Members of the Senate Health and Justice Committees have been tasked with drafting the cannabis bill.

The text of the measure states that the goal of the reform is to promote «public health, human rights and sustainable development» and to 'improve the living conditions of people living in the United Mexican States.»

It would also «prevent and combat the consequences of problematic use of psychoactive cannabis and help reduce the incidence of drug-related crime, promoting peace, security and the well-being of individuals and communities.»

Regulators would be tasked with developing separate rules to regulate cannabis for adult use, research and industrial production.

The bill calls for the creation of a Mexican Institute for the Regulation and Control of Cannabis, a decentralized body reporting to the Ministry of Health. It would also be responsible for issuing licenses, overseeing the program and promoting public education campaigns around cannabis.

Retail licenses should be issued within 18 months of the law's enactment.

To «compensate for the damage generated by prohibition», the bill stipulates that at least 40% of cannabis cultivation licenses must go to communities most affected by the criminalization of cannabis for at least the first five years of implementation. After that, at least 20% of licenses must be reserved for equity candidates.