Claims of Hemp Overregulation in New Mexican Bill

Mexican hemp stakeholders have protested against the new cannabis law that is currently being passed through the legislative process, as it significantly harms the interests of the sector by treating it in the same way as recreational cannabis. The Senate of Mexico will consider the new draft law, after it has been approved by the justice, health and legislative studies commissions.

Mexican lawmakers are rapidly approaching the adoption of groundbreaking legislation to establish a federally regulated cannabis industry, a move that would establish the legal basis for a new market and make Mexico only the third country in the world to legalize commercial production of cannabis, in all its aspects, for adult use.

What does the new legislation consist of
If passed, the law will authorize the following uses of cannabis:

• Recreational, which would include personal use, shared use between association members and commercial purposes;
• Scientific and research;
• Medical and pharmaceutical, therapeutic or palliative;
• Industrial;

Publication of the law until April
It all started in late October 2018, when Mexico's Supreme Court ruled that an absolute ban on the recreational use and possession of cannabis is unconstitutional. It was the fifth time, in a period of approximately two years, that the Supreme Court reached a similar verdict.
According to Mexican jurisprudence, when five Supreme Court verdicts are similar, they become the standard established throughout the country. In practice, Mexico's Supreme Court legalized cannabis for adult consumption and tasked Mexican legislators with creating the legal framework for a retail market.

Legislation harms hemp
“There is no difference between the license that regulates recreational cannabis and the license that regulates hemp,” claims Raul Hector Elizalde Garza, attorney and president of Hempmeds, Latin America. This situation significantly limits the development and sales of low-THC hemp products, said Elizalde Garza.
“A license will be required to sell any hemp product, from a hemp t-shirt to hemp seeds or extracts.” Unlicensed hemp sellers will be subject to similar fines as selling cannabis on the black market, he noted.

Elizalde Garza noted that only those aged 18 and over are eligible to purchase hemp products under the new legislation: “Imagine an employee asking for your ID if they are going to buy some hemp seeds or a hemp body lotion.”

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Antonio João Costa

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I am one of the directors of CannaReporter, which I founded together with Laura Ramos. I am from the unique Island of Madeira, where I currently reside. While I was in Lisbon at FCUL studying Physical Engineering, I became involved in the national hemp and cannabis scene and participated in several associations, some of which I am still a member of. I follow the global industry and especially legislative advances regarding the different uses of cannabis.

I can be contacted by email at joao.costa@cannareporter.eu

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