Mexican Senate Approves Cannabis Legalization Bill | Hoban Law Group

Article Written By Luis Armendariz

On November 19, 2020, the Mexican Senate permitted the draft of the Federal Law for the Regulation of Cannabis (Ley Federal para la Regulación del Cannabis, or the “Bill”), marking a historic landmark within the legalization course of topic to a Supreme Court deadline to legalize on or earlier than December 15, 2020. 

Mexican Senate Approved Draft of the Federal Law for the Regulation of Cannabis

It is price noting that such approval doesn’t indicate that legalization is now in pressure and authorized impact. The legislative course of requires that the Bill is now analyzed and reviewed by the nation’s Lower House (Camara de Diputados), who might return it to the Senate with any minor adjustments or changes. Once permitted by each Houses, the Bill will probably be analyzed and reviewed by the President for his log out and publication within the Federal Official Gazette. 

Some highlights of the Bill embody:

• It authorizes leisure (known as adult-use), analysis (not together with medical-related), and industrial makes use of.
• A brand new company will probably be created: the Mexican Cannabis Institute (Instituto Mexicano del Cannabis, or “IMC”), which can rely upon the Health Ministry and should be working no later than six months after Bill’s publication within the Federal Official Gazette.
• There will probably be 5 kinds of licenses obtainable to be granted by the: cultivation, processing, sale, export/import, and analysis.
• The threshold to differentiate psychoactive hashish and hemp is at 1% THC.
• Edibles and drinks will probably be allowed, offered they don’t include 1% THC or extra (psychoactive hashish).
• For many, the regulatory burden on hemp is similar as hashish typically, creating obstacles for industrial hemp growth.
• The vertical integration ban was eased, permitting any holder of a cultivation, processing, or gross sales license to carry an import/export license.
• In a change made just a few days earlier than releasing the most recent draft, import and export of psychoactive hashish will not be allowed.

It is essential to notice that medical, palliative, and therapeutic hashish use will probably be regulated by the Medical Cannabis Use Rules deriving from the 2017 amendments that legalized such use. The draft is within the last overview stage and is anticipated to be issued quickly by the Secretary of Health.