Mexico Senate OKs bill to legalize drug possession

Mexico Senate OKs bill to legalize drug possession
Tue Apr 28, 2009 5:04pm EDT

MEXICO CITY, April 28 (Reuters) - Mexico's Senate approved a bill on Tuesday decriminalizing possession of small amounts of narcotics for personal use, in order to free resources to fight violent drug cartels.

The bill, proposed by conservative President Felipe Calderon, would make it legal to carry up to 5 grams (0.18 ounces) of marijuana, 500 milligrams (0.018 ounces) of cocaine and tiny quantities of other drugs such as heroin and methamphetamines.

Mexico's Congress passed a similar proposal in 2006 but the bill was vetoed by Calderon's predecessor Vicente Fox, under pressure from the United States, which said it would increase drug abuse, but now is worried by the drug-related violence along its border.

Calderon has staked his presidency on curtailing the escalating violence between rival drug gangs as they fight over smuggling routes to the United States, with violence spilling into U.S. cities like Phoenix and Tucson.

Calderon was praised by U.S. President Barack Obama this month for his army crackdown in a visit to the Mexican capital and Washington is sending more agents to its side of the border to curb the flow of guns and cash to the cartels.

Drug violence has killed 2,000 people this year across Mexico after 6,300 deaths in 2008.

The bill, which needs to be approved by the lower house, also allows Mexican states to convict small-time drug dealers, no longer making it a federal crime to peddle drugs. Drug dealers are rarely convicted in Mexico as federal courts are saturated with bigger cases and local judges cannot interfere.

Mexico's Congress convenes for a final session before its recess on Thursday but may call an extraordinary session given the outbreak of deadly swine flu in the country that has forced lawmakers to hold sessions behind closed doors to prevent further contagion. (Reporting by Miguel Angel Gutierrez, editing by Patricia Zengerle)

Lets see if the U.S. forces thier hand this time. If they legalize drugs and it works, that will help us out in the states for sure!!! If we do pressure them to not pass this-------- I guess that will give us an idea of how Obama is going to handle it over here as well.. I can hardly wait!!!!!:stoned:

Cool. They're finally getting smart.

this is interesting, thanks for posting it. this is about State's Rights, rights of the Mexican States to control their jurisdiction and freeing up the Federal Gov't for bigger, more important tasks. If only we could get our guys here in the US to follow suite. :jointsmile:

This bill passed the Senate and is supported by the President, I can't imagine the lower house not acting and making this law. This will be interesting watching the Obama/Calderon interaction on this, as compared to Bush/Fox a few years back.

Mexico passes bill on small-scale drugs possession
(Reuters)
2 May 2009
MEXICO CITY - Mexicoâ??s Congress has passed a bill decriminalizing the possession of small amounts of drugs, from marijuana to methamphetamine, as President Felipe Calderon tries to focus on catching traffickers.

The bill, proposed by Calderon after an attempt by the previous government at a similar bill came under fire in the United States, would make it legal to carry up to 5 grams (0.18 ounces) of marijuana, 500 milligrams (0.018 ounces) of cocaine and tiny quantities heroin and methamphetamines.

The lower house of deputies passed the bill late on Thursday. It already has been approved by the Senate and is expected to be signed into law by Calderon in the days ahead.

Mexicoâ??s Congress passed a similar proposal in 2006 but the bill was vetoed by Calderonâ??s predecessor, Vicente Fox, after Washington said it would increase drug abuse.

The United States recently pledged stronger backing for Calderonâ??s army-led war on drug cartels, whose turf wars have killed some 2,000 people so far this year in Mexico, as the drug violence is starting to seep over the border.

The new bill also allows Mexican states to convict small-time drug dealers, no longer making it a federal crime to peddle narcotics, a move that should speed up those cases.

U.S. President Barack Obama praised Calderonâ??s drug war efforts in a visit to Mexico last month and promised more agents and southbound border controls to curb the flow of guns and cash to the cartels.

I was sad to see they allowed any amount of hard drugs there ... but, that would severely limit Mexico's GNP ... :smokin:

This is excellent. Finally, something approaching sensible drug policy in North America. Hopefully the success it yields will shut up the family values preachers north of the border.

mexican drugs are all disgusting

American tourism is going to greatly increase into Mexico once the killing stops. Don't forget your passport or enhanced ID before you go or they won't let you back in!!!!! :jointsmile:

I can only wonder why the mainstream media hasn't picked up on this since they made the violence so news worthy? Could it be because it reflects negatively on our legislators since they refuse to get the job done. We are a drug society. Drugs are pushed on us every day in newspapers, magazines, and TV by big pharma and the majority have side effects. Bad side effects. And we cannabis people are the evil ones. :D :smokin:

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Originally Posted by the image reaper

I was sad to see they allowed any amount of hard drugs there ... but, that would severely limit Mexico's GNP ... :smokin:

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yeah, i agree, if it were me, i would have just legalized cannabis for medical and personal use and cultivation. i guess this frees up the individual Mexican states to set their own local laws and to better control their own local police. that is probably a good thing, from what i remember, from my baja road trips, the federalies could be some bad hombres.

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Originally Posted by boaz

yeah, i agree, if it were me, i would have just legalized cannabis for medical and personal use and cultivation. i guess this frees up the individual Mexican states to set their own local laws and to better control their own local police. that is probably a good thing, from what i remember, from my baja road trips, the federalies could be some bad hombres.

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As undesirable as hard drugs may be, prohibition of them is still illegitimate and harmful. Were I in charge of drug policy, I would fully legalize cannabis and remove penalties for possession of small amounts of any other substance. Governments have no right to prohibit any substance (God knows they give the green light for enough of pharma's poison), and after the experiment of 1920-1933 I'm astounded any reasonable person will even entertain the notion of prohibition of anything.

If I can show statistics that taking anything away from you will save lives then I can take ALL of your rights and freedom in the name of public safety and saving lives.

Do you not wear a seatbelt for this reason? Do you not drive 55 to save lives ? and so on and so on.

Smokers are punished by a huge sin tax because they cost the public so much more health cost. Reality is that most smokers die 15 years before non-smokers and save billions over the cost put into health care for them.

If you are so inclined you will seek and find whatever poison you want. No matter what they law or morals say is wrong.

Before I die I would like to hear FREEDOM RING. My father and many others give and gave their souls in battle to protect this freedom I know nothing about. Such a waste.

Ah yes. A free and open society. A wonderful dream but alas will never happen. To many rich people want to control too much.

Check this update

http://boards.cannabis.com/legal/171...co-anyone.html

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Originally Posted by overgrowthegovt

As undesirable as hard drugs may be, prohibition of them is still illegitimate and harmful. Were I in charge of drug policy, I would fully legalize cannabis and remove penalties for possession of small amounts of any other substance. Governments have no right to prohibit any substance ...

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I don't disagree with that, in theory. But, the idea here in the US is to keep gov't small and local so that it is a gov't of the people. So, if the people of a state want to prohibit a substance through their local elected State Gov't, then I would have a hard time arguing against that. but, really i was just stating my personal opionion, just agreeing with I.R. I'll let others debate this one. :jointsmile:

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Originally Posted by overgrowthegovt

... and after the experiment of 1920-1933 I'm astounded any reasonable person will even entertain the notion of prohibition of anything.

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i think i'll take that as a compliment. :cool: (the being reasonable part) :D j/k

Quote:

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Originally Posted by boaz

I don't disagree with that, in theory. But, the idea here in the US is to keep gov't small and local so that it is a gov't of the people. So, if the people of a state want to prohibit a substance through their local elected State Gov't, then I would have a hard time arguing against that. but, really i was just stating my personal opionion, just agreeing with I.R. I'll let others debate this one. :jointsmile:

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I see what you're saying, and I wholeheartedly support state autonomy and a limited federal government (my god, does the U.S. need anything more badly at this time?). I think this is a civil rights issue, though. Even if you could get 53% of Texans to support official gay lynchings, it would be an abomination to do so. Same here...livers of alternative lifestyles have to be protected from the stigma of the majority. Whether or not the masses approve of drug use is absolutely irrelevent to the individual who chooses to partake.

Mexico Decriminalizes Simple Possession, Cracks Down on Everything Else
Posted by Kristin Bricker - May 9, 2009 at 6:19 pm

New Laws Strike a Symbolic Blow to Prohibition, But Net Result is Increased Law Enforcement Powers

On April 23, Mexican Congress' last day in normal session and the same day President Felipe Calderon announced the swine flu pandemic, federal legislators voted to decriminalize simple drug possession in Mexico. They passed the new drug law, along with about sixty other bills, with very little debate despite their controversial nature.

President Felipe Calderon has not yet signed the bill, but he is expected to. Former President Vicente Fox proposed similar legislation in 2006, and the Mexican Congress approved it. However, when it came time to sign the bill into law, Fox vetoed it, allegedly due to pressure from Washington. The Obama administration as thus far not commented on the Mexican decriminalization initiative.

The new drug law contains a table of drugs and corresponding maximum quantities. Simple possession under those quantities will not result in prosecution. However, if someone is caught with an amount of drugs that falls within the boundaries of simple possession, the authorities will record the person's name and personal information and pass it on to health authorities, who will contact the person and inform them of drug rehabilitation options in their area. The person may be required to present himself or herself before relevant Health Department officials in order to receive information on treatment options.

If the district attorney determines that the person in question is "drug dependent," (that is, if the person "presents some sign or symptom of being dependent on drugs"), then drug rehabilitation is mandatory in order to avoid prison. Rehabilitation is also mandatory the third time a person is caught with an allowable amount of drugs.

The law also allows for ceremonial and traditional use of peyote and hallucinogenic mushrooms in indigenous communities, as long as the use is recognized by indigenous authorities. However, the law in this respect is very vague, and does not set up an authorization system such as the one that exists in the United States, meaning that the law runs the risk of being arbitrarily applied.

Federal Mandatory Minimum Sentences--Sound Familiar?

Erich Moncada, writing for El Sendero del Peje, argues that the decriminalized quantities of drugs are arbitrary. The allowable quantities of marijuana (5 grams) and heroin (50 mg) constitute multiple doses. The allowable quantity of cocaine is a half a gram, or about three lines--not nearly the quantity an established user would consume in a single session. Regarding the .5 gram cocaine limit, the Mexican Collective for Integrated Drug Policy stated, "These amounts are not realistic in terms of the drug market (for example, the initiative allows a consumer to have .5 grams of coke, when coke is sold on the streets by the gram)." In the case of marijuana, even though 5 grams is a multi-dose quantity, it is still less than most Mexican consumers purchase at once, because marijuana is significantly cheaper in Mexico than in the United States, and purchasing in larger quantities means a significant reduction in price.

If a user is caught with more than the allowable quantity in his or her possession, strict penalties have been introduced. Prior to the reform, the General Health Law (the federal law that includes drug crimes) did not contain set prison sentences for drug infractions. It merely instructed judges to base sentencing on the following criteria: damage to society as a result of the crime, the severity of the crime, the defendant's socio-economic conditions, the likeliness of recidivism, and how much the defendant benefited from committing the crime.

Under the new law, however, the penalties are in many cases on par with or more severe than the strictest penalties in the United States. When considering penalties for possession of quantities that exceed the allowable amounts, the new Mexican law does not differentiate between drugs. The penalty for possessing marijuana is the same as that for possession of heroin. The law states that people who are in possession of up to 1,000 times the allowable amounts should be sentenced to 10 months-3 years in prison and a fine if the government can not prove they intended to sell said drugs.

In the case of crack or cocaine, the new law does not differentiate between the two, thus avoiding the racial and class discrimination that has plagued the US judicial system due to its different treatment of crack cocaine and powdered cocaine. As previously stated, the maximum allowable amount for cocaine is a half a gram. Possession of between a half a gram and 500 grams results in a 10 month - 3 year prison sentence and a fine. In the United States, a suspect must possess at least 500 grams of powder cocaine in order to trigger a 5-year mandatory minimum sentence.

In the case of marijuana, Mexico will now punish possession of 5 grams - 5,000 grams (or about 11 pounds) of marijuana with ten months to three years in prison and a fine. In the United States, federal law states that possession of any amount is punishable by one year in prison and a $1,000 fine. However, at the state level in the US, punishments vary by state. The punishment for the higher end of Mexico's 5g-11lb. range is on par with or less than the strictest state drug laws in the US. However, the Mexican penalty for the lower end of the range is far more severe than many state laws in the US. Many states don't give prison time to people caught with 1 oz. (28.5 grams) or less of marijuana. Even those that do (Arkansas, Connecticut, Delaware, and Washington DC amongst others) don't punish possession of 6 grams with up to three years in prison (the penalty in those states that do mandate jail time for simple possession is generally no more than one year).

Under Mexico's new law, decriminalization only applies to personal use in the strictest sense. The law provides stiff penalties for those who "supply (even for free)" other people with drugs, even if the "supplied" amount falls within the allowable amounts. Someone who "supplies (even for free)" someone with up to one thousand times the allowable amount of drugs is subject to 4-8 years in prison and a fine. As El Sendero del Peje's Moncada points out, a person who is in possession of a single joint (under 5 grams) of marijuana can't be thrown in jail thanks to the new law. But if that person passes that joint to another person to take a hit, that can be considered supplying the second person with drugs, and the person who passed the marijuana cigarette will be subject to 4-8 years in prison and a fine. That loophole means this aspect of Mexico's new drug sentencing rules are far more severe than any found in the United States: in Mexico the federal minimum for smoking a joint and passing it to another person is four years in prison. If the person on the receiving end of the joint (or any other drug, for that matter) is a juvenile, the sentence is raised to 7-15 years in prison.

Crackdown on Street Dealers

The Collective for Integrated Drug Policy, while recognizing that decriminalization of small quantities of drugs and drug use in traditional ceremonies is a significant step forward, strongly criticizes the new reform for focusing on street-level dealers:

The law will criminalize a vast group of people who make a living off the small time dealing of drugs, but who in reality do not consciously form part of organized crime, but rather whose principal reason for dealing is that it is way out of unemployment. Imprisoning them will not diminish the supply of drugs on the street, nor will it improve public security; yet it will justify the war on drugs, since the government will be able to boast the number of people incarcerated with this policy.

The law cracks down on street-level dealers by imposing 4-8 year sentences on them. It also allows for the first time undercover police operations where police can purchase drugs from dealers. This law is obviously designed for street-level dealers and not for the drug barons who are responsible for Mexico's record homicide rate. Ethan Nadelmann of the Drug Policy Alliance told the Drug War Chronicle, "The risk here is that the new law will give police all the more opportunity to go after low-level distributors and addicts who sell drugs to support their habits, while diverting attention from serious violent criminals."

Dr. Humberto Brocca, a member of the Collective for Integrated Drug Policy, told the Drug War Chronicle, "They will sweep up mostly small-timers so the party in power can look good, but it will probably have no impact whatsoever on the prohibition-related violence."

Ana Paula Hernandez, a Mexico City-based consultant on drug policy and human rights, agreed. She told the Drug War Chronicle, "I don't think this is going to have any impact on the government's war against the cartels."

The "Gestaopo Law" is Back

On April 23, the same day Mexican Congress passed the drug reform, Congress also passed a sweeping federal police reform. The draconian police reform sends a clear message that Mexcio's decriminalization of simple drug possession does not signal an end to the deadly war on drugs.

Mexico currently has several different federal police departments, amongst them the Federal Investigation Agency (AFI, which is under the command of the Federal Attorney General's Office) and the Federal Preventive Police (PFP, which is currently under the Public Security Ministry's command). The new law would replace one or both of these police forces with a new Federal Police force under the command of the federal Ministerio Publico (MP - public prosecutor or district attorney's office). This police force will be allowed to carry out undercover operations.

In the case of organized crime, Federal Police will be able to monitor internet communications, written correspondence, and tap telephones for up to six months. Mexico's lower house, the Chamber of Deputies, approved a version of the bill that allowed the head of the Federal Police to approve warrantless wiretapping and warrantless spying on other forms of communication. The Senate argued that the move was unconstitutional, and changed the bill to allow the head of the federal public prosecutor's office to approve warrantless spying. Mexico's Congress will have to reconcile different versions of the bill before it goes to President Calderon for approval.

Narco News has documented widespread and systematic abuse of organized crime laws to persecute social organizations and organizers in Michoacan, Nuevo Leon, and Chiapas. The Americas Program has documented similar abuse in Chihuahua.

The new Federal Police law also sets up a system for law enforcement to secretly request and receive access to confidential information from telephone providers in order to locate suspects.

A Baby Step

Mexico's decriminalization of simple possession is a symbolic step towards a thoughtful solution to the ever-increasing problem of drug trafficking violence. The decriminalization aspect of the law sets an important example for the United States, though it does little else. Mexico is not primarily a drug consuming country; the United States remains the largest drug market in the country. As such, Mexico's decriminalization of simple possession will do nothing to stem the violence that is tearing the country apart as long as US prohibition continues. However, if the Obama administration allows Calderon to sign the drug reform into law without interference, it will signal a significant departure from the Bush administration, which quashed this bill the last time it passed Mexican Congress. The US government, for its part, should take note of its neighbor's example. Mexico, as a country that is far more directly affected by the consequences of illegal drug trafficking than the US, has signaled that it is ready to try a new path in tackling the problem of drug trafficking-related violence.

As for the sections of the drug reform that move towards further criminalization, as well as the Federal Police law and other laws passed on April 23 that further militarize Mexican society and bring it ever closer to becoming a police state, El Sendero del Peje's Erich Moncada put it best:

Instead of emulating the failed policies of the United States, a country that has the largest prison population on the planet due to drug-related crimes, Mexico should turn to other, less repressive experiences in order to solve the drug trafficking problem. There is the case of Portugal, which five years after decriminalizing drug possession has experienced a considerable reduction in infections due to intravenous drug use, in new AIDS cases, and in lethal overdoses, amongst other undesirable effects caused by prohibitionist policies.

Its great that they passed this but I see one of the same old problems there. They're going to focus on street level dealers instead of the big dogs. Persecute the poor people who need income the same as anybody else. If there's no jobs available you have to do what you gotta do.