Unlock 20% Off Our NEW CBD Products
Shop Now

This was what was actually approved for the regularization of marijuana

The proposed Federal Law for the Regulation of Cannabis will go to the Chamber of Deputies for possible approval on December 15.

This article was translated from our Spanish edition using AI technologies. Errors may exist due to this process. Opinions expressed by Entrepreneur contributors are their own.

After several months of delays and interruptions, the Senate of Mexico generally approved this Thursday the ruling to regulate the recreational, industrial and medical use of marijuana .


The opinion was given 82 votes in favor, 18 against and 7 abstentions, after five hours of discussion in the Senate committees.

If this opinion passes in the Chamber of Deputies , as of December 15, when the current legislature ends, Mexicans will be able to carry up to 28 grams of the plant or a pack with 28 cigarettes and have 6 to 8 marijuana plants at home .

In this way, the General Law for the regulation of cannabis would allow companies to sell cannabis in authorized establishments and will establish the maximum levels of THC (psychoactive substance in marijuana) and CBD ( cannabidiol ).

How was the process of the "legalization of marijuana"?

Last Friday, November 13, the Justice, Health and Legislative Studies commissions began a distance discussion on the subject. The majority of the members voted to approve it in general and in specific terms.

The united committees announced that an addendum (that is, an addition to the text) will be presented with the considerations of the senators who did not agree with the opinion.

The debate in plenary was as controversial as the use of cannabis itself. However, legislators do not have much time to prolong the discussion. The Supreme Court of Justice of the Nation (SCJN) has set a deadline of December 15, 2020 to make a decision.

What you need to know about the new opinion

The proposed Federal Law for the Regulation of Cannabis does not speak of “recreational” or “recreational” consumption, but of “adult consumption”.

"It is allowed to people of legal age with the possibility of freely expressing their consent, to consume psychoactive cannabis", reads article 13 of the legislation.

However, the free use of marijuana is subject to two conditions:

1. That it is not carried out in front of any person under the age of eighteen or any other person who is unable to expressly express their free and informed consent and who could be exposed to the harmful impact of second-hand smoke.

2. That it is not carried out in front of a person of legal age who has not consented to it, "in order to avoid the harmful impact of second-hand smoke."

Therefore, people under the age of eighteen or unable to expressly express their free and informed consent, will not have access to cannabis for adult or recreational use. Likewise, the consumption of marijuana in work areas, public or private, is prohibited. Nor can you drive any vehicle, drive or operate equipment or machinery that could cause danger under the effects of THC.

The points that stand out the most

+ The opinion includes the creation of the Mexican Institute for the Regulation and Control of Cannabis . It will be a decentralized body of the Ministry of Health, with a general director who will be freely appointed and removed by the head of said agency.

+ The creation of a Cannabis Institute for the Pacification and Reconciliation of the People is contemplated.

+ In the new document, everything related to its medicinal use and the industrial use of hemp was eliminated.

+ The allowed cultivation for personal use will be limited to four psychoactive cannabis plants per person. These must remain in the consumer's home.

+ Possession of marijuana for personal consumption is allowed in amounts less than 28 grams. Those who possess between 28 and 200 grams will receive an economic fine of 5,200 to almost 261,000 Mexican pesos.

+ Prison sentences of 3 to 6 years are established when a person carries between 200 grams and 28 kilos of marijuana. This when it does not have the legal permits and / or the intention to sell it or supply it for free is proven. If the intention to market it cannot be proven, the penalty will be from 10 months to 3 years in prison.

+ Anyone who employs girls, boys or adolescents in any activity related to sowing, cultivation, planting, harvesting, trade, production, distribution, supply, sale and other stages of the production chain will be punished with between 5 to 10 years in prison. of cannabis.

+ It is prohibited to market any product that mixes marijuana with substances such as alcohol, nicotine, tobacco, caffeine, energy drinks or any other considered or not psychotropic.

Prison sentences of 3 to 6 years are established when a person carries between 200 grams and 28 kilos of marijuana / Image: Depositphotos.com

Beyond production and personal consumption

In addition to regulating personal use (self-consumption), shared use in associations is also contemplated. These cannabis groups may have from 2 to 20 members, and have a permit approved by the authorities.

"Authorized establishments are considered to be those places where cannabis and its derivatives are commercialized for legal purposes and that have the corresponding license," reads the proposal.

Psychoactive cannabis consumption associations may plant a maximum of four plants per member. The plantations may not exceed 20 plants per property.

On the other hand, article 14 allows the sale of psychoactive cannabis and its derivatives for adult use only within Mexico. Marketing will be limited to establishments authorized by the new Institute. They must meet certain requirements to obtain their license and can only sell a maximum of 28 grams of marijuana per day to a single person.

Plantings may not exceed 20 plants per property / Image: Depositphotos.com

Criticisms of the legislative proposal

Associations that promote the use of marijuana have indicated that the ruling only seeks to control consumers, since a permit will be required for its use and cultivation.

Senators from Morena propose to regulate the consumption of marijuana so that you can plant it and consume it at home. You must register in a register and the authorities will enter your home to verify that you meet all the requirements. Among these, it stands out that minors cannot live in the place and that there are physical barriers to prevent other people from having contact with your cannabis plants.

The organizations warn that these measures would be intrusive and would invade the privacy of citizens. In addition, they point out that the ruling will benefit the large cannabis industries more, before peasants and vulnerable groups.

The senator of Morena, Jesusa Rodríguez, denounced that this proposal continues to criminalize and stigmatize the use of the plant, as it still presents various limitations for its consumption that do not apply to other substances such as alcohol.