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Le Monde
Le Monde
2 Feb 2024


LETTER FROM MEXICO

Images Le Monde.fr

The entrance of the building bears no signage, but the three floors of this small building south of Mexico City are indeed leased by the JointClub, Mexico's first cannabis club, which was founded by the organization Joint With US in 2021. From the stairwell, the cannabis leaf features in all the graffiti.

There's a studious atmosphere on the second floor, where you can work on your computer over a cup of coffee. On the third floor, though, the atmosphere is much more playful: You can play billiards, foosball or video games. Customers can sit on stools at the bar counter, but here it's ashtrays and hookahs that take pride of place, not glasses of alcohol. The highlight, of course, is the terrace, where you can admire the view both of the city and the 36 marijuana plants – from five different varieties – growing beneath a white veil.

In reality, the 70 clients are members of the club and can partake in the consumption of up to 28 grams of marijuana per month, either on-site or at their homes, in exchange for a monthly membership fee of €75. "The club takes care of getting them a permit so they can grow, consume or transport marijuana without risking legal repercussions," explained lawyer Fernando Dominguez, also one of the club's founders.

At first glance, cannabis appears to be legalized in Mexico. However, Zara Snapp, director of the RIA Institute, which specializes in the country's drug policies, notes that's only the case "if you have a good lawyer." "Cannabis remains illegal, but there are exceptions to this illegality thanks to civil society, which has been tirelessly fighting in the legal arena for over a decade," she continued.

In recent years, however, Mexico has shown more openness to the issue. First, in 2017, Congress authorized the medical use of cannabis, then, notably, in 2021, the Supreme Court decriminalized recreational consumption for adults, with its use no longer considered an offense in the penal code.

However, the legislation intended to provide a legal framework for its commercialization never saw the light of day and gave rise to an unusual battle between MPs and senators. "The Senate had drawn up a particularly advanced bill, but MPs changed 49 of the 61 articles. Suffice to say, the senators never intended to back a bill that was entirely altered," said Snapp.

Clubs, as well as home plantations, operate based on a hard to acquire authorization from the Federal Commission for Protection against Health Risks (COFEPRIS). "It's an obstacle course, but it works: You apply to COFEPRIS for authorization and they reject it. So, you appeal to a judge, who rules in your favor, and you finally get a permit from COFEPRIS after nearly 10 months of proceedings," explained lawyer Emilio Rascon, president of the organization known as Barbarossa's in the state of Chihuahua (northern Mexico), which has developed a guide to help users apply for permits.

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