President Andrés Manuel López Obrador, whose party strongly supports the proposal, must sign the bill, impacting the United States among the the two largest legal marijuana markets in the world.
Why is it important: With a population of almost 130 million people, Mexico would become the largest country in the world to legalize cannabis at the national level. In comparison, the other two countries that have already taken this step – Canada (37.6 million) and Uruguay (3.4 million) – have a combined population that amounts to less than a third from Mexico.
The spectrum of legal marijuana markets on the northern and southern borders of the United States is expected to put further pressure on the federal government to loosen restrictions on marijuana.
“My guess is that at some point it drives decriminalization or legalization,” said Andrew Rudman, director of the Mexico Institute at the Wilson Center, pointing out that most members of the U.S. House now represent states with legal markets. “I think Mexico probably gives more impetus to something that could have happened anyway. “
In December, the US House passed legislation that would end federal marijuana possession penalties and eliminate some previous convictions. With Democrats gaining control of the Senate in January, the prospects for loosening marijuana restrictions have increased, although most marijuana policy watchers are still skeptical that there will be a major change in federal policy soon.
Biden’s position: The president He said he wants to end criminal penalties and expand medical research on marijuana, but he does not support full legalization. Vice President Kamala Harris was an advocate of the Senate version of the bill that the House passed in the last session.
Biden has appointed California Attorney General Xavier Becerra – a strong advocate of marijuana legalization – to be his secretary of health and human services. Under Becerra’s leadership, HHS could change its position in 2015 that it said marijuana has no medicinal benefits.
Attorney General Merrick Garland could play an even more central role in determining federal marijuana policy. Garland argued during a confirmation hearing last month that cracking down on legal marijuana markets would not be a wise use of limited federal resources.
The White House did not respond to a request for comment on whether Mexican legalization would change Biden’s position.
The bottom: In November 2015, the Mexican Supreme Court ruled that banning people from using marijuana for personal consumption was unconstitutional. Two years later, legislation legalizing medical marijuana was made law.
Then, in October 2018, the Supreme Court ruled that the ban on recreational use of marijuana was unconstitutional and ordered the Legislature to take action. Initially, it established a period of 90 days to implement the decision, but this period was extended several times.
However, the legislature now seems ready to grant final approval. The Chamber of Deputies approved the bill by an overwhelming margin. With the changes made in the Chamber, the bill now returns to the Senate for a new vote.
“Honestly, I don’t expect to see any bad surprises this time,” said Erick Ponce, president of Grupo Promotor de la Industria del Cannabis, an industry-leading group.
The details: The bill would legalize the possession of up to 28 grams of marijuana. It would also allow individuals to grow up to six plants.
Forty percent of cultivation licenses for the first five years would be reserved for communities that have been disproportionately impacted by criminal law enforcement, although the details of this have yet to be worked out.
The Chamber of Deputies made changes to the bill previously approved in the Senate, related to which government agency would administer licensing, foreign investment and THC’s power limits in edibles and electronic cigarettes.
Who is opposed to this: Unlike the United States, where research shows that about two-thirds of Americans support legalization, allowing recreational sales would challenge public opinion in Mexico. A survey conducted by El Financiero in July revealed that 58% of Mexicans are opposed to legalization, while only 38% support it. The survey also showed a strong generational and educational divide on the subject. Older respondents and those without a high school diploma were much more likely to oppose legalization.
The Roman Catholic Church of Mexico is among the staunchest critics of legalization. After the Senate passed the legalization bill in November, Mexico’s Council of Bishops criticized the legislation.
“The approved bill does not address the health problems arising from the increasing use of marijuana, does not address the effects of drug use by young people on families, and does not contribute to reducing and inhibiting drug exposure.” the council wrote.
What is the next: Proponents of the bill hope the Senate will vote early next week. If approved, he will go to the president’s table.
Recreational marijuana sales would not start immediately if the bill were to become law. It would take time for regulations to be drafted and companies to be licensed. The country’s medical program is only beginning more than two years after the legalization was approved.