An activist in favor of the legalization of marijuana, in Mexico City Carlos Ramírez / EFE
Marijuana for recreational use is one step away from legalization in Mexico.
The Chamber of Deputies has approved this Wednesday in general the law that regulates cannabis, but has made modifications to the opinion that had been endorsed last November by the Senate, so it will have to go through the senators again before entering the vigor.
This is one of the last steps in a legislative process that has lasted for more than two years and that has been marked by questions about favoring the entry of large capital into what will be the largest legal marijuana market in the world above the rights of consumers and small producers.
The law was approved by 316 votes in favor, 129 against and 23 abstentions.
In just over five years there have been around 70 different initiatives for the legalization of marijuana in the country.
The latest document is a reflection of that enormous political mosaic: a
collage
of almost twenty proposals, which underwent further modifications as it passed through the Lower House.
The law establishes on paper that any adult who wishes to smoke may do so, although with various restrictions.
One of the main differences between what the Senate approved and what the Chamber of Deputies endorsed, which also had the approval of the Ministry of the Interior, is that a regulatory institute for cannabis will no longer be created, but that its functions will be assumed by the National Commission against Addictions, which depends on the Ministry of Health and has no experience in regulatory work.
The Commission will supervise the production process, from sowing to harvest, and will issue permits to create consumer associations or clubs.
Associations will have between two and 20 members over 18 years of age, with a maximum of four plants per member and less than 50 marijuana plants per group.
The State will promote campaigns to inhibit consumption by people under 25 years of age.
Companies that market marijuana for recreational consumption must adhere to strict labeling with the legend "only for sale in Mexico", have resealable child-resistant packaging and put warnings about the harmful effects to health, similar to those of the packs of cigars.
The new ruling removes the few locks that were had for vertical integration: that a single company participates in various stages of the production, distribution and marketing process.
The measure is celebrated by foreign companies seeking a piece of the business in the country, but has been criticized by civil organizations, although it is expected that priority attention will be given to communities that have been affected by prohibitionist policies, poverty and violence. .
Production licenses and consumption permits will be valid for between one and five years, it has not been defined how much they will cost.
"It seeks to turn the use of substances into a business and not a right," has accused the independent deputy, Lucía Riojas.
The Morena bloc, the ruling party, and its allies have argued that it is a "historical" fact by leaving behind "the prohibitionist model."
Personal possession of up to 28 grams of marijuana will be legal.
One of the most controversial points is that fines of up to 10,000 pesos ($ 500) are still being contemplated for those who have between 28 and 200 grams.
"The approved ruling, although it legalizes the production and trade of marijuana, does not legalize its carrying and consumption, it is limited to a tolerance that does not eliminate the possibility of being detained, having criminal sanctions or fines," says Lisa Sánchez, director of the organization Mexico United Against Crime, which fears that the weaknesses of the law give rise to extortion and criminalization of users.
"A golden opportunity was lost for the authorities to stop being distracted by the prosecution of drug crimes and to focus on crimes that do leave victims, such as homicides," adds Sánchez.
A transitory article provides that people serving sentences for crimes related to cannabis trafficking can go free.
Since October 2018, the Supreme Court decided that prohibiting cannabis violated the development of the free personality of users and gave the Legislature one year to make the necessary changes to the law to guarantee that right.
Congress asked for three extensions to delay the approval and issued a law that was harshly questioned by the civil organizations that accompanied the process and whose recommendations were excluded from the final ruling, which still does not respect the slogan of the free development of the personality.
"The legislators had two years to get things right and they ended up passing the law on their knees, leaving aside the poorest and least powerful," says Sánchez, who accuses that the legislative process was "sloppy" and skipped several steps to your "express" approval.
"It does not comply with the order of the Supreme Court to remove the prohibition of marijuana in the General Health Law, the original mandate," he assures.
Mexico is thus heading to become the third country in the world to legalize marijuana throughout its territory, after Canada and Uruguay.
In addition to the nooks and crannies for producers and consumers, the legalization of marijuana has come with several promises.
A change of course in an anti-drug policy that has plunged the country into the worst crisis of violence in its recent history.
A weapon against inequality and for the collection of billions of pesos in taxes.
The hope of doing justice to the most vulnerable and persecuted sectors.
The litmus test of those promises will begin when the Senate gives its final decision on the approval of the law.
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