Guest post by Natalie Gray
Cannabis could soon be legal in Mexico, making it the world's top market.
Mexico is currently the fourth-largest producer of marijuana in the world. Mexicans produce about 25,000 tons of cannabis every year, according to data provided by the UN and the DEA. Mexico has been making major strides toward legalizing cannabis and just last month, the Senate approved a bill for recreational use of the drug.
Mexico's Supreme Court ruled two years ago that the country's ban on recreational cannabis was unconstitutional, and it has been three years since medical cannabis became legal.
DECRIMINALIZATION OF MARIJUANA IN 2009
As of August 2009, marijuana possession and possession of small amounts of other drugs were no longer criminal offences in Mexico. Deputy Secretary of State Oscar Cardenas said that decriminalizing drug possession meant the Mexican police would be able to focus on major drug traffickers instead of minor users, though minor drug possession was already widely tolerable by the police before the change.
In the new law, anyone caught with less than five grams of cannabis was advised not to be arrested or fined but to seek free drug rehabilitation.
REGULATIONS ON GROWING CANNABIS IN 2015
Mexico was widely considered to be taking its first steps toward legalizing cannabis with this ruling in 2015. In this case, the court ruled 4-1 that the prohibition of people growing cannabis for personal consumption violated their constitutional rights because it violated "the right to a free development of their personalities."
While the Supreme Court allowed only four members of the Mexican Society for Responsible and Tolerant Personal Use (SMART) to grow and consume their own cannabis (and did not overturn existing laws) it did lay the groundwork for future legal actions that may ultimately lead to recreational cannabis becoming legal in Mexico. Do you want to grow your own cannabis at home? Visit Homegrown Cannabis Co. for more details.
LEGALIZATION FOR LIMITED MEDICAL PURPOSES IN 2017
Despite having previously opposed the legalization of medical cannabis, the Mexican president enacted a law in 2017 legalizing it. Congress considered cannabis a therapeutic drug by an overwhelming margin if it didn't contain more than 1% THC.
To measure marijuana's effect on patients, the Mexican government entrusted the Mexican Ministry of Health with drafting and implementing regulations and directing research programs after the bill was passed. Research such as this would later be used to support efforts to legalize cannabis for use in recreational settings. Grow your own medicine at home, visit https://homegrowncannabisco.com/autoflower-seeds-usa for great BOGOs deals.
THE SUPREME COURT’S 2018 RULING
Earlier this year, the Supreme Court of Mexico (for the fifth time!) deemed it unconstitutional to prohibit the recreational use of cannabis. The government was obligated to legalize cannabis formally within 90 days, even though this wasn't full legalization. There were multiple extensions of the deadlines, with a final extension coming on December 15, 2020.
A precedent was set as this was the fifth time the court ruled in favor of cannabis use for recreational purposes. The law remained in effect, but it could no longer be enforced -- anyone facing charges could cite the ruling and ask for those charges to be dismissed.
THE MARCH 2021 LEGISLATIVE SESSION
The Mexican government legalized industrial, medical, and recreational use of cannabis on March 20, 2021. On its way to the desk of President Andrés Manuel López Obrador, who had signed off on legalization, the measure was expected to sail through the Senate. Sadly, the senate legalization bill may be delayed again after top senators voiced concern about changes made by the lower house.
LEGISLATORS APPEAR OPTIMISTIC ABOUT FULL LEGALIZATION
Those over the age of 18 will be able to purchase and possess less than 28 grams of cannabis under the proposed law. In the case of possession of a higher amount (under 200 grams) a $500 fine is imposed. A prison term of six years can be imposed if you possess more than 200 grams. It is wrong for adults to smoke in front of a child or in public, and it is also illegal to have more than eight plants in your household. Despite this, the law does nothing to address the widespread pain that decades of militarized enforcement have caused, for which activists across the country continue to fight.