I think this is like the law President Vicente Fox vetoed 2006.
Mexico decriminalizes small-scale drug possession Aug. 20, 2009 06:30 PM Associated Press MEXICO CITY - Mexico enacted a controversial law on Thursday that decriminalizes possession of small amounts of marijuana, cocaine, heroin and other drugs while encouraging free government treatment for drug dependency. The law defines “personal use” amounts for drugs, also including LSD and methamphetamines. People detained with those quantities no longer face criminal prosecution when the law goes into effect on Friday. Anyone caught with drug amounts under the personal-use limit will be encouraged to seek treatment, and for those caught a third time treatment is mandatory — although the law does not specify penalties for noncompliance. In 2006, the U.S. government publicly criticized a similar bill. Then-President Vicente Fox sent that law — which did not have a mandatory treatment provision — back to Congress for reconsideration. The maximum amount considered to be for “personal use” under the new law is 5 grams of marijuana — the equivalent of two or three joints — or a half-gram of cocaine. The limit for methamphetamine is 40 milligrams, and 0.015 milligrams of LSD. The law was approved by Congress before it recessed in late April, and President Felipe Calderon — who is leading a major offensive against drug cartels — waited most of the summer before enacting it. Calderon's original proposal would have required first-time detainees to complete treatment or face jail time. But the lower house of Congress, where Calderon's party was short of a majority, weakened the bill. Mexico has emphasized the need to differentiate between addicts or casual consumers and the violent drug traffickers whose turf battles have contributed to the deaths of over 11,000 people during Calderon's term. And in the face of growing domestic drug use, Mexico has increased its focus on prevention and drug treatment. Sen. Pablo Gomez of the leftist Democratic Revolution Party praised the legislation: “This law achieves the decriminalization of drugs, and in exchange, offers government recovery treatment for addicts.” Previously, all drug possession was punishable by stiff jail sentences, with some leeway for those considered addicts and caught with smaller amounts. In practice, relatively few people were prosecuted and sentenced to jail for small-time possession. While the United States openly expressed concern about the 2006 law, this time around it has been more circumspect. Asked about the new law in July, U.S. drug czar Gil Kerlikowske said he would adopt a “wait-and-see attitude.” “If the sanction becomes completely nonexistent I think that would be a concern, but I actually didn't read quite that level of de facto (decriminalization) in the law,” said Kerlikowske, who heads the U.S. Office of National Drug Control Policy. Whether the law's proposed sanctions “are actually enough or not, I'm not sure,” he said.
Mexico Legalizes Drug Possession By THE ASSOCIATED PRESS Published: August 21, 2009 MEXICO CITY (AP) — Mexico enacted a controversial law on Thursday decriminalizing possession of small amounts of marijuana, cocaine, heroin and other drugs while encouraging government-financed treatment for drug dependency free of charge. The law sets out maximum “personal use” amounts for drugs, also including LSD and methamphetamine. People detained with those quantities will no longer face criminal prosecution; the law goes into effect on Friday. Anyone caught with drug amounts under the personal-use limit will be encouraged to seek treatment, and for those caught a third time treatment is mandatory — although no penalties for noncompliance are specified. Mexican authorities said the change only recognized the longstanding practice here of not prosecuting people caught with small amounts of drugs. The maximum amount of marijuana considered to be for “personal use” under the new law is 5 grams — the equivalent of about four marijuana cigarettes. Other limits are half a gram of cocaine, 50 milligrams of heroin, 40 milligrams for methamphetamine and 0.015 milligrams of LSD. President Felipe Calderón waited months before approving the law.
Mexico Legalizes Drugs By Ray Gomez Story Created: Aug 20, 2009 In a surprise move from the federal government in Mexico, a law has been enacted legalizing all drugs for personal use. The law makes it legal to possess and use small amounts of marijuana, cocaine, and heroin even L.S.D. and methamphetamines. The law enacted today defines the amounts that are legal for personal use. People caught with those amounts would not face criminal prosecution but when caught for a third time the person would be required to complete treatment programs. Although the government specifies no way of enforcing that the law takes effect tomorrow. In 2006, a similar bill was considered by then President Vicente Fox. It was highly criticized by the U.S. government.
MEXICO CITY, Aug. 20, 2009 (AP) Mexico enacted a controversial law on Thursday that decriminalizes possession of small amounts of marijuana, cocaine, heroin and other drugs while encouraging free government treatment for drug dependency. The law defines "personal use" amounts for drugs, also including LSD and methamphetamines. People detained with those quantities no longer face criminal prosecution when the law goes into effect on Friday. Anyone caught with drug amounts under the personal-use limit will be encouraged to seek treatment, and for those caught a third time treatment is mandatory - although the law does not specify penalties for noncompliance. In 2006, the U.S. government publicly criticized a similar bill. Then-President Vicente Fox sent that law - which did not have a mandatory treatment provision - back to Congress for reconsideration. The maximum amount considered to be for "personal use" under the new law is 5 grams of marijuana - the equivalent of two or three joints - or a half-gram of cocaine. The limit for methamphetamine is 40 milligrams, and 0.015 milligrams of LSD. The law was approved by Congress before it recessed in late April, and President Felipe Calderon - who is leading a major offensives against drug cartels - waited most of the summer before enacting it. Calderon's original proposal would have required first-time detainees to complete treatment or face jail time. But the lower house of Congress, where Calderon's party was short of a majority, weakened the bill. Mexico has emphasized the need to differentiate between addicts or casual consumers and the violent drug traffickers whose turf battles have contributed to the deaths of over 11,000 people during Calderon's term. And in the face of growing domestic drug use, Mexico has increased its focus on prevention and drug treatment. Sen. Pablo Gomez of the leftist Democratic Revolution Party praised the legislation: "This law achieves the decriminalization of drugs, and in exchange, offers government recovery treatment for addicts." Previously, all drug possession was punishable by stiff jail sentences, with some leeway for those considered addicts and caught with smaller amounts. In practice, relatively few people were prosecuted and sentenced to jail for small-time possession. While the United States openly expressed concern about the 2006 law, this time around it has been more circumspect. Asked about the new law in July, U.S. drug czar Gil Kerlikowske said he would adopt a "wait-and-see attitude." "If the sanction becomes completely nonexistent I think that would be a concern, but I actually didn't read quite that level of de facto (decriminalization) in the law," said Kerlikowske, who heads the U.S. Office of National Drug Control Policy. Whether the law's proposed sanctions "are actually enough or not, I'm not sure," he said.
Argentine court throws out jail time for pot smokers! They didn't legalize drugs like Mexico did last Friday, but it is a step in the right direction! Argentine court just says no to prison for pot use by Michael Warren - Aug. 25, 2009 01:34 PM Associated Press BUENOS AIRES — Argentina's Supreme Court ruled out prison for pot possession on Tuesday, saying the government should go after major traffickers and provide treatment instead of jail for consumers of marijuana. Ruling in a case involving several young men caught with marijuana cigarettes in their pockets, the judges struck down a law providing for up to two years in prison for possession of small amounts of narcotics. Tuesday's decision doesn't legalize drug possession outright. But Argentina's Cabinet chief favors keeping drug addicts out of the justice system, and was waiting for the ruling before forwarding a proposed law to Congress. The seven judges said they were unanimous in “declaring the unconstitutionality of prison for private consumption.” “Each individual adult is responsible for making decisions freely about their desired lifestyle without state interference,” their ruling said. “Private conduct is allowed unless it constitutes a real danger or causes damage to property or the rights of others.” Cabinet chief Anibal Fernandez declared that the ruling brings an end to “the repressive politics invented by the Nixon administration” in the United States, and later adopted by Argentina's dictators, to imprison drug users as if they were major traffickers. On the other hand, Argentina will insist that “those who sell trash to poison our children must be punished with all the power of the state,” Fernandez said in an interview with Radio Continental. The ruling sets a precedent that goes beyond marijuana by striking down an article in Argentina's drug law that applies to people caught with personal use amounts of any narcotic. The judges urged Argentina's government to “create policies against illegal drug trafficking and adopt preventive health measures, with information and education against drug consumption directed at the most vulnerable groups.” President Cristina Fernandez has supported drug law changes, saying in July 2008 that “I don't like that an addict is condemned as if he were a criminal. The ones who need to be punished are those who sell the drug.” Her Cabinet chief said before the ruling that the proposed law would be ready by year's end. Details have not been made public, and it remains unclear, for example, whether addicts will be forced to get treatment or go to jail. Opponents say the ruling could backfire, since Argentine treatment centers already have long waiting lists. “It doesn't seem bad to me that an addict won't be sent to prison, but you also have to acknowledge the reality in Argentina. The level of addiction and social conflict connected to drugs is growing in this country. The consumption of drugs always involves damage to others,” said Juan Jose Estevez, president of Remar Argentina, a network of centers that treat more than 1,200 addicts, speaking to The Associated Press. “This ruling will not only generate more consumption, but also more trafficking, because the traffickers will move smaller quantities of drugs to avoid the law,” Estevez predicted. “Also, the public health system has collapsed. It isn't prepared to attend to an avalanche of addicts.” A Mexican law decriminalizing small amounts of marijuana, cocaine and heroin took effect on Friday. The government there said it would help police focus more efforts on attacking traffickers.
Soft Mexico drug law fuels spring break fears Aug. 26, 2009 01:40 PM Associated Press MEXICO CITY - Mexico now has one of the world's most liberal laws for drug users after eliminating jail time for small amounts of marijuana, cocaine and even heroin, LSD and methamphetamine. "All right!" said a grinning Ivan Rojas, a rail-thin 20-year-old addict who endured police harassment during the decade he has spent sleeping in Mexico City's gritty streets and subway stations. But stunned police on the U.S. side of the border say the law contradicts President Felipe Calderon's drug war, and some fear it could make Mexico a destination for drug-fueled spring breaks and tourism. Tens of thousands of American college students flock to Cancun and Acapulco each year to party at beachside discos offering wet T-shirt contests and all-you-can-drink deals. "Now they will go because they can get drugs," said San Diego Police Chief William Lansdowne. "For a country that has experienced thousands of deaths from warring drug cartels for many years, it defies logic why they would pass a law that will clearly encourage drug use." Enacted last week, the Mexican law is part of a growing trend across Latin America to treat drug use as a public health problem and make room in overcrowded prisons for violent traffickers rather than small-time users. Brazil and Uruguay have already eliminated jail time for people carrying small amounts of drugs for personal use, although possession is still considered a crime in Brazil. Argentina's Supreme Court ruled out prison for pot possession on Tuesday and officials say they plan to propose a law keeping drug consumers out of the justice system. Colombia has decriminalized marijuana and cocaine for personal use, but kept penalties for other drugs. Officials in those countries say they are not legalizing drugs - just drawing a line between users, dealers and traffickers amid a fierce drug war. Mexico's law toughens penalties for selling drugs even as it relaxes the law against using them. "Latin America is disappointed with the results of the current drug policies and is exploring alternatives," said Ricardo Soberon, director of the Drug Research and Human Rights Center in Lima, Peru. As Mexico ratcheted up its fight against cartels, drug use jumped more than 50 percent between 2002 and 2008, according to the government, and today prisons are filled with addicts, many under the age of 25. Rojas has spent half his life snorting cocaine and sniffing paint thinner as he roamed Mexico City's streets in a daze. Most days he was roused awake by police demanding a bribe and forcing him to move along, he said. "It's good they have this law so police don't grab you," said Rojas, whose name, I-V-A-N, is tattooed across his knuckles. Rojas hit bottom three weeks ago when he could not score enough money for drugs by begging and found himself shaking uncontrollably. He accepted an offer for help from workers from a drug rehabilitation center who approached him on the street. "Drugs were finishing me off," said Rojas, whose 13-year-old brother died of an overdose eight years ago. "I lost my brother. I lost my youth." Juan Martin Perez, who runs Caracol, the nonprofit center helping Rojas, said the government has poured millions of dollars into the drug war but has done little to treat addicts. His group relies on grants from foundations. The new law requires officials to encourage drug users to seek treatment in lieu of jail, but the government has not allocated more money for organizations like Caracol that are supposed to help them. Treatment is mandatory for third-time offenders, but the law does not specify penalties for noncompliance. "This was passed quickly and quietly but it's going to have to be adjusted to match reality," Perez said. Supporters of the change point to Portugal, which removed jail terms for drug possession for personal use in 2001 and still has one of the lowest rates of cocaine use in Europe. Portugal's law defines personal use as the equivalent of what one person would consume over 10 days. Police confiscate the drugs and the suspect must appear before a government commission, which reviews the person's drug consumption patterns. Users may be fined, sent for treatment or put on probation. Foreigners caught with drugs still face arrest in Portugal, a measure to prevent drug tourism. The same is not true for Mexico, where there is no jail time for anyone caught with roughly four marijuana cigarettes, four lines of cocaine, 50 milligrams of heroin, 40 milligrams of methamphetamine or 0.015 milligrams of LSD. That's what concerns U.S. law enforcement at the border. "It provides an officially sanctioned market for the consumption of the world's most dangerous drugs," San Diego County Sheriff Bill Gore said. "For the people of San Diego the risk is direct and lethal. There are those who will drive to Mexico to use drugs and return to the U.S. under their influence." Don Thornhill, a retired Drug Enforcement Administration supervisor who investigated Mexican cartels for 25 years, said Mexico's rampant drug violence will likely deter most U.S. drug users, and the new law will allow Mexican police to focus on "the bigger fish." The Bush administration criticized a similar bill proposed in Mexico in 2006, prompting then-President Vicente Fox to send it back to Congress. But Washington has stayed quiet this time, praising Calderon for his fight against drug cartels - a struggle that has seen some 11,000 people killed since Calderon took office in 2006. "We work with Mexico every day to combat illegal drugs and cartel violence," State Department spokesman Ian Kelly said when asked about the law. "And we look forward to continuing that cooperation."
Editorial Latin America moves to decriminalize drugs Latin American nations are taking a second look at prosecutions targeting personal use. September 2, 2009 A panel led by former presidents of Brazil, Colombia and Mexico recommended a new paradigm for the war on drugs earlier this year, and now Latin America is heeding their advice. Mexico and Argentina have begun to relax penalties for possession of small quantities of illegal drugs, treating personal use as a victimless crime and husbanding resources for the fight against big-time narcotics traffickers in a global business that the United Nations values at more than $300 billion annually. This is a sensible strategy that Brazil and Ecuador apparently are poised to adopt; the Obama administration has prudently taken a wait-and-see approach to the changes. Argentina's Supreme Court last week struck down a law that punished adults with up to two years in jail for marijuana possession, saying personal use is a private affair and that prison time is, therefore, unconstitutional in such cases. Adults are "responsible for making decisions freely about their desired lifestyle without state interference," the ruling said. "Private conduct is allowed unless it constitutes a real danger or causes damage to property or the rights of others." In response, the administration is preparing a law to decriminalize possession of small quantities of drugs while continuing to pursue producers and traffickers. The Argentine decision came as Mexico decriminalized possession not only of marijuana but of major narcotics, including cocaine, heroin and methamphetamine. There, too, selling drugs is still a serious offense, and dealers face prison sentences. Decriminalization of drugs for personal use eliminates a lucrative source of bribes for corrupt police officers. Critics on one side argue that anything short of full legalization will continue to fuel a hugely profitable illicit drug trade, while critics on the other side say any shift in the direction of legalization condones drug usage and sends the wrong message at a time when thousands are dying in the battles between and against drug cartels in Mexico. This page recognizes the problems of drug consumption in the U.S. and, increasingly, in Latin America, with 460,000 hard-core addicts in Mexico alone. The Latin American Commission on Drugs and Democracy argues that drug consumption is best reduced through education and prevention rather than jail time, that drug addiction is best addressed as a public health problem through rehabilitation programs and that the big fight is against organized crime. For these nations, waging tough struggles with limited resources, it makes sense to shift law enforcement, courts and prisons away from small fry and concentrate instead on disrupting violent cartels. |