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Mexico Cannabis Legalization Could Change The Industry

Mexico Cannabis Legalization Could Change The Industry

mexico cannabis legalization the real dirt podcast

The United States will soon be sandwiched between two nations with federally legalized cannabis.

The United States of America is close to becoming stuck between two countries with legal cannabis. Canada legalized cannabis in 2018, and Mexico is currently moving forward legislation that would legalize cannabis across the country.

The U.S. missed the opportunity to get its own markets, the NASDAQ and the New York Stock Exchange, involved when Canada legalized due to the Department of Justice’s leadership at the time. However a legal cannabis market in Mexico would be bigger, and likely already well-established due to the illicit markets there compared to Canada.

United States Legalization

The full blown legalization of cannabis on the federal level in the United States hasn’t even become a part of the conversation. While likely president-to-be Joe Biden has said he wants to decriminalize cannabis, and the MORE Act sits in the House aiming to do the same thing, a federal legalization that would establish an nationwide legal marketplace, tax system, etc. is not on the horizon yet.

Many don’t see an issue with the country’s lack of legalization at this point considering there are only six states left in the Union that still keep cannabis fully illegal, i.e. not decriminalized, medical or recreational. That means that the other 44 states all have cannabis laws on the books that either reduce penalties for cannabis or legalize it medically or recreationally.

The real issue is that if Mexico does indeed legalize cannabis, the country would have a massive cannabis industry. Due to the current laws in the United States, we would be missing out on a huge opportunity. Unfortunately that is looking like the most plausible outcome at the moment.

Interstate commerce in the cannabis industry doesn’t even exist in the U.S., let alone a system that would allow American cannabis companies to work alongside, collaborate or do business with Mexican cannabis companies. If the Mexico cannabis legalization passes, it should be a wake up call to the U.S. government that we are missing out on massive financial opportunities with our neighbors to the north and the south.

Mexico Cannabis Legalization

The Mexico cannabis legalization bill will establish a regulated cannabis market to allow those eighteen and older (the drinking age in Mexico is also eighteen) to purchase and possess up to 28 grams of cannabis. It also allows a personal cultivation provision for individuals to cultivate up to four plants for personal use.

While the bill is looking promising, there are still some technical requirements that need to be hammered out before outright passage, including whether or not the government should be able to track personal cultivation use. Mexico seeks to regulate and legalize the plant, put strict controls on ownership and the supply chain in place, and to engage in domestic and, most importantly, international commerce surrounding cannabis.

International commerce surrounding cannabis in which the United States likely won’t be allowed to participate. However it won’t be an easy path for Mexico either.

Mexico has a long history of drug-related crime ran by gangs known as cartels which control distribution of a plethora of narcotics to entire regions of the country and South America. Cannabis has been a staple of cartels for decades, and took a major hit when states in the U.S. began to legalize, followed by Canada’s federal legalization which did even more damage.

While it is too soon to say who will be running and operating in the industry when/if it becomes federally legal, it is likely a safe guess that some cartels will “go legal” and distribute their cannabis across the country legally in order to profit again.

The Growing International Cannabis Industry

Mexico wouldn’t be the first neighbor to our south that has legalized cannabis. Uruguay legalized cannabis for recreational use all the way back in 2013. It wouldn’t be until 2017 that the country began sales of legal cannabis, but the country has seen success.

Additionally in Latin America, some form of medical cannabis is allowed in Argentina, Brazil, Chile, Colombia, Mexico, Paraguay, and Peru. Ecuador has reformed its Criminal Code, which opens the door to developing access to cannabis for “therapeutic, palliative or medicinal” purposes. A legal market in Mexico could encourage more Latin American countries to follow suit, creating a new international cannabis industry.

The United States has been a leader in cannabis reform and legalization despite cannabis still remaining illegal on the federal level. However with Canada to the north and Mexico to the south, that could all change. As these markets develop and grow, they will be able to compete, outpace and outperform the American cannabis industries that still operate at the state level.

If Mexico cannabis legalization goes through, the entire conversation surrounding cannabis legalization in the U.S. will likely shift. We have to decide if we want to stay stuck in the past with dated, discriminatory laws that do more harm than good, or move forward with our neighbors and the rest of the world as cannabis becomes an unstoppable global industry.

The States Voting on Legal Cannabis in 2020

The States Voting on Legal Cannabis in 2020

Updated on 11/5/20 to include results.
states voting on legal cannabis on November third

Every year there’s more states voting on legal cannabis. 2020 is no exception.

It’s become a regular trend. Each year, several states add an initiative to their ballot to vote for the legalization of cannabis. 33 states have legalized medical cannabis, and 11 of those states have legalized marijuana for recreational use.

It doesn’t mean that all of the initiatives are what we would ideally like, and there’s a couple states who have suffered from bad legislation.

For example, even though Vermont and Main legalized cannabis in 2018, neither had an actual regulated marketplace for legal cannabis until 2020. In other words even though cannabis was legal, there was nowhere to buy it, and selling it was still illegal.

But states voting on legal cannabis with some issues in the legislation is better than states not voting on legal cannabis at all. With that said, here’s the states voting on legal cannabis on November 3rd.

Mississippi

There are two measures on the ballot in Mississippi that aim to legalize cannabis for medical purposes.

Initiative 65 would make medical marijuana available for people with very specific qualifying conditions, according to WJTV. Patients could possess up to 2.5 ounces of medical marijuana at one time. The initiative also sets a state tax rate. This initiative basically fully legalizes medical and recreational cannabis in the state.

Initiative 65A does not specify qualifying conditions or possession limits. Regulations would need to be set by state lawmakers. This initiative is the more restrictive option, only specifying the use of medical marijuana for chronic illnesses and terminally ill patients.​

RESULT: PASSED

Arizona

Proposition 207 would legalize the possession and use of marijuana for adults who are 21 or older. People would be permitted to grow six marijuana plants at their home as long as the plants aren’t in public view. The Arizona Department of Health Services would be responsible for regulating marijuana facilities and stores.

Four years ago, voters narrowly rejected a measure to legalize recreational marijuana. It is looking like this year’s vote will have more support and is likely to pass.

RESULT: PASSED

Montana

Montana definitely isn’t a state that comes to mind when people think of states voting on legal cannabis, but Montana actually has two different initiatives on the ballot.

CI-118 or “Allow for a Legal Age for Marijuana Amendment” would make 21 the legal age to purchase cannabis for recreational use. In other words it would amend the Montana Constitution to authorize the state to set 21 years of age as the minimum legal age for marijuana consumption.

I-190 would be the actual regulated industry proposal that CI-118 would allow for. According to Ballotpedia, the measure would legalize the possession and use of one ounce or less or 8 grams or less of marijuana concentrate by people at least 21.

It also puts a 20% tax on legalized marijuana that would flow into the state’s general fund. But that’s not all. In fact, I-90 is actually quite comprehensive. In addition to the above, I-90 would also:

  • Direct the Montana Department of Revenue to license and regulate the cultivation, transportation, and sale of marijuana and marijuana-infused products and to inspect premises where marijuana is cultivated and sold.
  • Require licensed laboratories to test marijuana and marijuana-infused products for potency and contaminants.
  • Allocate 10.5% of the tax revenue to the state’s general fund, with the remainder dedicated to accounts for conservation programs, substance abuse treatment, veterans’ services, healthcare programs, and local governments where marijuana is sold.
  • Allow an individual currently serving a sentence for a prior low-level marijuana offense to apply for resentencing or an expungement of the conviction.
  • Prohibit advertising of marijuana and related products.
  • Strictly regulate the packaging and labeling of marijuana products to prevent accidental ingestion and access by children.
  • Require that marijuana provider licenses only be issued to Montana residents.
  • Permit localities to regulate, ban, or restrict marijuana businesses within their jurisdiction.

RESULT: PASSED

New Jersey

Question No. 1 on the ballot would make pot legal for adults 21 and older. Medical marijuana is already legal in New Jersey, and the group that oversees the regulation of medicinal cannabis would also regulate recreational pot.

The constitutional amendment would take effect on January 1 and would make New Jersey the first state in the Mid-Atlantic to legalize marijuana.

Because of the economic impact expected to be brought in by residents of neighboring states, it’s believed passage in New Jersey could put pressure on other states in the region to pass similar measures. Unfortunately, Question No. 1 is very short and vague, which likely implies while cannabis could be legal on January 1, 2021, it might be some time before a regulated industry is operating in the state.

RESULT: PASSED

South Dakota

The state will be voting on both medicinal and recreational marijuana during the general election.

Amendment A would legalize recreational cannabis for anyone 21 or older. The measure would also require state lawmakers to pass laws that create a medical marijuana program by early 2022.

Measure 26 would only allow for the sale of medical marijuana to people with “debilitating medical conditions.” Patients cleared for the program could possess up to 3 ounces of marijuana and grow plants in their homes.

While strict, South Dakota is one of the most conservative states when it comes to cannabis, being one of the only in the nation to still not have passed any legislation regarding cannabis. For these same reasons many are unhopeful that Measure 26 or Amendment A will pass.

RESULT: PASSED