At the beginning of 2016, then President Enrique Peña Nieto promoted the “National Debate on the use of marijuana”, which led to the approval, in June 2017, of a bill that reformed the General Health Law and the Federal Penal Code and allowed, among other things, the medicinal use of cannabis and clinical research for its products. However, despite the fact that a period of 180 days was established to publish its regulations, this did not happen until January 2021.
With the start of the López Obrador administration, the debate over legalization continued. In total, during the LXIV legislature of the Congress of the Union, 18 initiatives were presented by legislators from Morena, MC, PAN, PES, PRD and PT to regularize the adult use of cannabis.
Among them, the initiative proposed by Senator Olga Sánchez Cordero stands out, in November 2018, which issues the General Law for the Regulation and Control of Cannabis and which sought to regulate the use of marijuana to regulate its production, sale and consumption.
In 2019, the SCJN ruled that the prohibition of personal cannabis use is unconstitutional, for which it ordered Congress to change the law before October 31, 2019. To date, Congress has requested four extensions to the Court to resolve the unconstitutionality and approve the corresponding legislation.
In November 2020, the Senate approved the opinion that creates the Federal Law for the Regulation of Cannabis and reforms the General Health Law and the Federal Penal Code, which takes up the initiatives presented, based mainly on the initiative of Sánchez Cordero.
In the Chamber of Deputies, it was approved until March 2021, eliminating the creation of the Institute for the Regulation and Control of Cannabis and expanding the powers of the National Commission Against Addictions (CONADIC). For this reason, it was returned to the Senate in April 2021, where consensus has not yet been generated for its approval, violating the mandate of the Court.
Seize the hemp opportunity
Advances regarding the decriminalization and use of cannabis in Mexico are progressive and, although there is still a long way to go to take full advantage of the potential that this industry represents, it is essential that a clear differentiation be achieved between uses of psychoactive and non-psychoactive cannabis.
Create a differentiated and oriented regulation towards hemp or hemp It would allow the triggering of an important value chain —based on science and technology—, strengthen the medicinal industry and promote the uses of its seed: as food, including livestock, as well as oils, dyes, resins, lubricants; in fiber such as textiles, cellulose, bioplastic, paper; or for fuel, such as ethanol. This would contribute to the generation of jobs, tax revenue for the government and development opportunities for farming communities.
The differences are simple. On the one hand, there are those varieties of psychoactive cannabis (marijuana) that have a content of more than 0.3% THC and lower concentrations of cannabidiol (CBD) that are associated with adult use. On the other hand, there is hemp (hemp) non-psychoactive, which is a plant intended for industrial, medicinal, and food use, among other applications, which has a concentration of 0.3% THC or less and higher amounts of CBD.
In accordance with “The Global CannabisReport”, published by Prohibition Partners in December 2021, the global market for marijuana and its derivatives will generate sales of 102,000 million dollars by 2026. In the same vein, the Canadian company Xebra Brands has indicated that Mexico could be the main producer of the US cannabis market due to the industrial advantage and the size of the consumer market. Also, according to a report by Endeavor Mexico, by 2028 the national cannabis market would have a value of 2,000 million dollars, with 67% of the medical branch and 33% recreational.
