In August 2010, Mexican President Felipe Calderon declared that he would support a national debate on the issue of legalisation, reversing his previous stance on the subject. However, he underscored that he did not favour legalisation, particularly since the US and the international community maintained their prohibitionist approach. This IDPC Briefing Paper offers background information on the cannabis political debate in Mexico.
Beau Kilmer, Jonathan P. Caulkins, Brittany M. Bond, Peter H. Reuter
13 October 2010
The United States’ demand for illicit drugs creates markets for Mexican drug trafficking organizations (DTOs) and helps foster violence in Mexico. Some government and media sources have reported that Mexican and Colombian DTOs combined earn $18–$39 billion annually in wholesale drug proceeds and 60 percent of all Mexican DTO drug export revenue comes from marijuana. These numbers have been cited to argue that legalizing marijuana in California would reduce Mexican DTOs’ revenues, thereby reducing violence.
The world-wide debate over cannabis reform appears to be gaining uncommon speed and unexpectedly it is in Latin America that the winds of change have greatest force. So where is Mexico in this panorama?
The world-wide debate over cannabis reform appears to be gaining uncommon speed and unexpectedly it is in Latin America that the winds of change have greatest force. So where is Mexico in this panorama? There are currently eight Bills on the question of marihuana gathering dust in the annals of various parliamentary commissions.
Michael Weissenstein, E. Eduardo Castillo (Associated Press)
07 November 2012
The legalization of recreational marijuana in the U.S. states of Washington and Colorado will force Mexico to rethink its efforts to halt marijuana smuggling across the border, the main adviser to Mexico's president-elect said. Luis Videgaray, head of incoming President Enrique Pena Nieto's transition team, told Radio Formula that the Mexican administration taking power in three weeks remains opposed to drug legalization.
The legalisation of small amounts of marijuana for recreational use, which will allow the drug to be taxed and regulated, in two U.S. states will prompt debate on anti-drug policies in Mexico as well, and on the coordination of strategies between the two countries, experts say. “The least bad option is legalisation,” Jorge Chabat, at the Centre for Research and Teaching in Economics (CIDE), told IPS. “It will have an impact on the way prohibition is designed, because there will be a cascade effect, and we’ll see changes very soon.”
The decision by voters in Colorado and Washington state to legalize the recreational use of marijuana has left Mexican President-elect Enrique Peña Nieto and his team scrambling to reformulate their anti-drug strategies in light of what one senior aide said was a referendum that “changes the rules of the game.” It is too early to know what Mexico’s response to the successful ballot measures will be, but a top aide said Peña Nieto and members of his incoming administration will discuss the issue with President Obama and congressional leaders in Washington this month.
Now that the voters in Colorado and Washington have approved marijuana legalization initiatives, attention has turned quickly to questions surrounding implementation—and in particular to speculation over how the federal government might react. This is entirely understandable, since it is no secret that the newly approved state initiatives conflict with federal law.
The Uruguay Senate approved a bill to legalize marijuana and put its trade into state hands, in what many experts said marks a new model for the war on drugs in its principal battleground of Latin America. President José Mujica plans to sign the bill, which passed the lower house of Congress in July, into law. A Uruguayan state agency will oversee the distribution and sale of marijuana. The goal is to cut out drug trafficking and reduce the violence associated with it.
Lawmakers proposed allowing the sale of marijuana within Mexico City. The local legislature controlled by the leftist Democratic Revolution Party is the most liberal in Mexico and has previously legalized abortion and gay marriage. Mayor Miguel Angel Mancera supports the plan. Approval could force a legal showdown with the federal government, which would have to decide whether to effectively override the local law by enforcing federal laws barring drug trafficking, challenging the city law in the courts, or both. (See also: Mexican officials introduce bills seeking to relax marijuana laws)
Lawmakers in Mexico's national legislature and Mexico City's Legislative Assembly introduced twin bills to overhaul the country's drug possession and marijuana laws. The federal bill would allow doctors to prescribe marijuana for medical purposes. If passed, Mexico's federal bill would reschedule marijuana as a drug with proven therapeutic value but known risks. The same bill would also allow Mexican states to determine their own marijuana laws, including the creation of tax-and-regulate systems like the ones adopted by voters in Colorado and Washington.
Latin America is now at the vanguard of international efforts to promote drug policy reform: Bolivia has rewritten its constitution to recognize the right to use the coca leaf for traditional and legal purposes, Uruguay has become the first nation in the world to adopt a legal, regulated Cannabis market, and Colombia, Mexico, Guatemala, and Ecuador are openly critiquing the prevailing international drug control paradigm at the UN. And now with the United States itself relaxing its marijuana laws state by state, the U.S. prohibitionist drug war strategies are losing credibility in the region.
In Mexico, since 2006 a public security strategy has been implemented based on militarization, which has prioritized the use of force – including lethal force – based on the presumption of national security above principles of the safety of citizens. Involvement of armed forces as the central axis for Mexico’s security strategy has sparked serious concerns, particularly pertaining to obligations regarding human rights.
Made-in-America marijuana is on a roll. More than half the states have now voted to permit pot for recreational or medical use, most recently Oregon and Alaska. As a result, Americans appear to be buying more domestic marijuana, which in turn is undercutting growers and cartels in Mexico. "Two or three years ago, a kilogram of marijuana was worth $60 to $90," says Nabor, a 24-year-old pot grower in the northwestern Mexican state of Sinaloa. "But now they're paying us $30 to $40 a kilo. It's a big difference." (See also: DEA: Cartels now smuggle U.S. pot into Mexico)