• Marijuana In Mexico

Mexican Senate Introduces a New Bill to Regulate Adult-use Cannabis.

Updated: Dec 27, 2021

Morena party Senators Ricardo Monreal Ávila, Olga María del Carmen Sánchez Cordero Dávila, and others introduced a new bill, the Federal Law for the Regulation of Psychoactive Cannabis, at the close of the ordinary session of Congress, December 15, 2021. The bill comes as response to the Chamber of Deputies´ modifications to the Federal Law for the Regulation of Cannabis, which stalled in the Senate earlier this year. This comes after much criticism of the modifications made by the Deputies, which favored foreign investment interests and maintained punitive consequences for individuals without an adult-use permit. The Morena senators maintain that the new bill will ¨regulate associations, clubs or groups for the consumption of cannabis¨ as well as introduce ¨actions in favor of indigenous peoples and... agrarian communities, communities in a situation of marginalization [that] have been affected by the system of prohibitions.¨ The Supreme Court issued a General Declaration of Unconstitutionality in June, removing administrative barriers in the General Health Law that prevented the Federal Commission for the Protection against Sanitary Risk (COFEPRIS) from issuing permits. The COFEPRIS has yet to issue an adult-use permit, heavily due to a lack of regulatory guidelines.

The new bill reintroduces the Mexican Institute for the Regulation and Control of Cannabis, a decentralized authority that would operate under the Department of the Secretary of Health. The Chamber of Deputies removed the Institute from the previous bill last March, endowing administrative oversight to the National Commission against Addictions (CONADIC), a move that received heavy criticism from human rights groups. The new bill prioritizes human rights, the prevention of juvenile consumption, and prevention of health risks associated with addiction and abuse. Earlier this year, the Supreme Court voted to removed articles from the General Health Law, which established administrative barriers for those seeking permits for the consumption of adult-use cannabis.

The Institute would regulate auto-consumption, commercialization, and permits for scientific investigation and research. The bill defines 5 types of permits, which include: I. Cultivation licenses - acquisition of seeds, cultivation, and harvesting of cannabis.

II. Transformation licenses - preparation, transformation, manufacture and production of cannabis and cannabis products.

III. Commercialization licenses - distribution and sale to the public.

IV. Export/import licenses - the exportation and introduction of cannabis products via international borders. The license in itself would not guarantee export/import; additional compliance with international treaties, laws, and regulations would be required.

V. Research licenses - authorization for the procurement of cannabis and cannabis products to the end of scientific research and investigation.

Agrarian communities and small agro-operators would receive priority attention for cultivation and comercial permits, as well as access to financing and banking assistance. The age limit for adult-use consumption would remain at 21.

A full version of the new bill can be found here.

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