The legalization of marijuana is gaining ground worldwide and Mexico has not been left behind. Votes were held in March 2021 where legislators approved the bill to make recreational marijuana legal. Three years earlier, its medicinal use had already been approved, which revolutionized and changed the idea of marijuana in our country. In a Mexico devastated by the war with drug trafficking, legalization is a light at the end of the tunnel.
How did legalization start?
In 2015, several people requested authorization from Cofepris, the Mexican health authority, to consume marijuana recreationally and carry out related activities such as planting, cultivation, harvesting, possession, preparations and transportation.
Cofepris denied the petition to which they filed an amparo, a kind of appeal, which was also denied. In that amparo they pointed out that the consumption of marijuana for recreational purposes is the decision of each person according to the development of their personality.
The case ended up before the Supreme Court who finally resolved the amparo on November 4, 2015. In this ruling they granted permission for the recreational and personal consumption of marijuana but not commercialization.
Legality progresses
Over time more provisions were added that expanded the contexts under which marijuana use was permitted.
In 2017, the use of marijuana and its derivatives for medicinal purposes was permitted for the first time.
Four years later, in 2021, the regulation of the federal health law regarding cannabis was published where legality was clarified according to these points:
. Medical diagnoses for therapeutic, preventive and rehabilitation purposes
. Manufacture of medicines under the control of Cofepris
. Primary production for specific purposes.
. Pharmacological research.
For recreational purposes
Once the Supreme Court ruled that the prohibition of cannabis for recreational use was unconstitutional, many jumped for joy. Which leads us to the next question – what exactly is permitted and what is prohibited?
The measures approved by legislators allow users to smoke, grow and carry marijuana. As far as cultivation is concerned, you need a permit from Cofepris which can be obtained at no cost. The permit allows for up to three plants per person per household, however, if you don’t obtain the permit you can always resort to an amparo if challenged legally.
You can smoke marijuana on your property as long as there is no minor coexisting in the space.
In the past it was legal to possess 5 grams for personal use. Now, after the reforming of the law, it is 1 ounce or 28.5 grams.
Permits were also granted to producers, from small to large cash crops, who can sell their product.
Summary
In the future, if a comprehensive law is enacted, Mexico would be part of the list of American countries that have legalized marijuana. A list that continues to grow.
Uruguay and Canada are two prominent examples of countries that have legalized marijuana.
Mexico has the potential to tap into an industry with almost infinite possibilities that could make it the largest cannabis market in the world.
Legalization would bring a measure of relief to a country that has endured a long, absurd war on drugs.