Mexico: Is the legalization of cannabis unconstitutional?

It's a story you can scarcely believe. Mexican senators approved the law legalizing cannabis... even though it contained 17 constitutional errors made by the deputies. And now, each senator faces impeachment, ten years' imprisonment and ten years' ineligibility for public office. «inexplicable negligence». To rectify the situation, the Senate must request a fourth extension from the Supreme Court of the Nation, Mexico's highest judicial body.

To understand, let's take a step back. In a democracy, the principle of «parliamentary shuttle» applies. Before approval, a bill is passed between the Chamber of Deputies and the Senate, until both agree. This is the case in France and also in Mexico. This Monday, therefore, the text providing for the legalization of cannabis returns to the Senate, after a passage through the deputies. The Justice Committee approved. Then, the next day, the Legislative Studies Committee also said «yes».

Problem: the text is riddled with errors made by the deputies. The Senate's board of directors must therefore ask the Supreme Court for an extension, according to the Excelsior newspaper. This delay should give them more time to correct the provisions that run counter to the Mexican Constitution. «The best thing for all of us is that it's a good law, not one that's approved too quickly, and difficult to put into effect.», explained Senate Majority Leader Ricardo Monreal.

Legalization to be voted on in October 2019

The law is unlikely to be passed «too quickly», as Monreal puts it. And with good reason! The parliamentarians were originally due to submit their copy by October 30, 2019. But they asked the Supreme Court for a first extension, which gave them until April 30, 2020. Then, because of the pandemic, deputies and senators ask for a second extension, until December 15, 2020. Granted, once again. Then they request a third extension, until April 30, 2021.

But because of the 17 unconstitutional errors made by the deputies, they have to ask the Supreme Court for a fourth delay. For the moment, the response of the eleven MPs is not yet known. ministros, the guardian of the Constitution of the United Mexican States, the country's official name.

However, the plan to legalize cannabis is backed by the president, Andres Manuel Lopez Obrador - known as AMLO. His political party, the center-left National Regeneration Movement, also controls key positions, such as majority leader of the Senate and Chamber of Deputies.

But the idea of legalizing cannabis in a country of 128 million people excites private interests. If Mexico legalizes the plant, it would not only become the third country to do so, but also the world's biggest market for legal cannabis. And the leader of the Senate majority acknowledges: companies and lobbies are putting pressure on parliamentarians. Perhaps this explains the long delay.