As the cannabis legalization bill continues to move through the Senate gaining traction for a full floor vote this month. Mexican Senators are now considering requesting another extension for the Supreme Court deadline. They have determined the bill has multiple inconsistencies and could even be unconstitutional.
Prohibition Unconstitutional
At the end of 2018, the Supreme Court declared that the prohibition of cannabis is unconstitutional. They ordered lawmakers to enact a policy change. The first deadline was set for October of 2019. But again, and again senators have continued to ask for extensions. The court has accepted each request to push the timeline back.
Lawmakers in Action
As the bill stands currently, the Mexican Senators have claimed that it is critically internally conflicted. They say that some of the issues concern the provisions of legal possession limits, the definition of hemp itself and, “other issues”. The senators believe that lawmakers themselves could be subject to criminal liability if it went into effect as drafted.
The legislation in question originated in the Senate and passed in November. It then went to the Chamber of Deputies. They made several revisions, approved the proposal, and then sent it back to the Senate for final consideration. Currently, the bill has moved through two Senate Committees but there has been talk among senators about inconsistencies. Despite this progress, another extension is now on the table.
It appears that the Senators are leaning towards submitting the request for another extension. If the extension is approved, they would take the bill back up during the next session starting in September.
What is the Hold-Up?
“It [the legislation] was the product of many months of work. However, the Chamber of Deputies modified it and, in the Senate, there is a decision to review it and act with great caution because, for me, this is one of the most important laws that Mexico can enact,” Senate Majority Leader Ricardo Monreal Avila said at a press conference according to translation.
Monreal also talked about how important it was to take their time to craft good policy and to not give in to pressure from lobbyists or interests.
A document that was obtained by Excelsior from the Senate; determined that revisions made by the Chamber of Deputies infringe on human rights. It also states that there is the risk of the bill not complying with the Declaration of Institutionality along with violating the Political Constitution of the United Mexican States.
There are dangerous consequences if lawmakers do not obtain an extension and also fail to legalize cannabis legislatively by April 30. The Supreme Court can declare prohibition unconstitutional. If this happens without lawmakers establishing regulations for a market, it could be chaos.
Patience Running Thin
Unfortunately, this leaves more questions than answers. For example, would the Supreme Court grant another extension, and if so, how long? Will the legislation proceed as planned to its third and final committee? What kind of revisions are needed for the legislation to be resolved?
Dep. Martha Tangle tweeted out on Thursday that the issues with the bill emerged in the initial legislation as passed by the Senate. Despite the Mexican Senators attempting to blame the other chamber for the problems in the bill. Tangle said the court should not grant a new extension to Congress, adding that there is “no will of the legislators of [MORENA] to do their job.”
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