Get ready: in Mexico, you can do business with marijuana legally

The Senate plans to decriminalize the consumption and trade of marijuana, after paying taxes

In the first half of the year 2021, the first marijuana sales or distribution businesses in Mexico could begin, provided that individuals or companies expressly constituted for it, obtain a license that will be granted by the federal government, in accordance with the prediction of the Law for the Regulation of Cannabis elaborated in the Senate.

In addition to decriminalizing the recreational use of marijuana, the regulatory project considers the payment of taxes from allowing the sale, marketing, distribution and supply of psychoactive cannabis, while for medical and research industrial purposes products can be imported and exported. derivatives or based on cannabis.

Associations for marijuana use will also be allowed, although they cannot function as establishments open to the public, as the permission they must obtain will be limited to their members.


In this way, the legislation with which Mexico will regulate marijuana tries to block the passage to the illegal trafficking of this psychotropic, r speculating the right to free development of the personality of adults who want to consume it for recreational purposes , also taking advantage of the fiscal effects that You will have the legal sale of cannabis in our country.

Exclusive licenses

The bill provides that there will be four types of authorizations that must be obtained if you want to participate in the allowed marijuana market: Licenses, which are exclusive to each other, will be for Cultivation, Transformation, Sale, and Export or Import of cannabis. All these licenses will include auxiliary transport and storage activities.

However, only one type of license can be granted for each incumbent person, so that there is no vertical integration of the cannabis industry, that is, we want to avoid the concentration of groups or people in the production chain and marketing.

As expressed in articles 35, 36 and 37 of the law, whose copy is held by the High Level, whoever dedicates himself to cultivating the plant may not sell it directly, but will have to market it to a person or company that has a sales license, which will be authorized to deal with the consumer public.      

Although in this aspect the normative proposal takes up some positive measures that are found, for example, in the legislation that regulates marijuana in Canada, the text of the law that senators should vote is still ambiguous, specific details regarding rights are lacking and obligations that will grant each of the licenses.

These details should be contained in the law, and not only in its future regulations, in order to prevent a single entity, the Executive Power, from determining the factual guidelines and powers that will be given with the licenses. If legislators develop the norm more accurately, the creation of monopolies in the legal marijuana market will be avoided, and the risk of corruption in the administrative surveillance structure will be reduced.  

In fact, in this tenor, there are important divergences between the senators of the majority group of Morena, as there are legislators who disagree on the fragmentation of the market raised in the forecast.

In the commissions of Health, Justice and Legislative Studies, responsible for preparing the project, there are opinions that have already been influenced by business lobbyists, so we should not rule out that the text is modified before its vote, in order to allow some Consortia can obtain more than one license at the same time.

Consumer Clubs

The image of establishments open to the public to consume marijuana, similar to the coffee shops that have been operating in Amsterdam, Holland since the 1970s, will not materialize in Mexico. The recreational or recreational use of cannabis, without being penalized, can only be done in closed places such as the private domicile of the consumer, or in that of specific associations that can only provide services to their members.

People over 18, with exercise capacity, other than pregnant women, may use marijuana for personal use. They can also plant, grow, harvest and prepare up to “four cannabis plants with psychoactive effect in bloom” per person. If more than five adults live in the home, for no reason in the property may there be more than 20 marijuana plants.

If a group of people wants to use cannabis, civil associations can be created without economic purposes, with the sole purpose of satisfying the individual needs of their associates regarding the recreational use of marijuana. These associations may sow, plant, grow and prepare marijuana up to the amount equivalent to 4 psychoactive cannabis plants per person associated with the year.

If there is a surplus of the psychotropic, it must be donated to the institutions determined by the future Mexican Cannabis Institute, the prediction notes. Only members may smoke marijuana at the headquarters of the association, where alcoholic beverages of any kind cannot be consumed at the same time.

Legal sale

The prediction of the Law for the Regulation of Cannabis tries to create an orderly market in the sale for individual consumption of marijuana. Those who sow and harvest it for recreational or recreational purposes should check the lawful acquisition of their seeds, for this, there will be businesses allowed to sell them.

In this regard, the agency that will regulate and monitor these activities will be the Mexican Cannabis Institute, a decentralized agency of the Ministry of the Interior that will be responsible for granting licenses to market marijuana.

However, the legal sale of psychotropics will have some restrictions: No edible or drinkable products containing marijuana may be sold; the herb cannot be mixed with other addictive substances, such as alcohol or tobacco; and no licensed person or company may market products that exceed the levels of Tetrahydrocannabinol (THC) established by the authority. THC is the psychoactive component of the cannabis plant.

Similarly, the federal government will implement a traceability mechanism for marijuana seeds that are marketed in Mexico, in order to closely control their distribution, planting, and harvesting.

If all these parameters are met, eliminating some ambiguities contained in the project, and being monitored avoiding corruption in the market, the rule that will regulate the sale and use of cannabis in Mexico will conclude with a century of prohibition, from which it was created a profitable illicit business that has injured our society for decades.

Source: altonivel, senadodela republica

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