U.S. critics try to smoke out clarity on Mexican drug bill
By Hugh Dellios
Tribune foreign correspondent
The possession of small amounts of marijuana and other drugs would be legal under a bill passed by Mexico's Congress.
MEXICO CITY -- President Vicente Fox's government scrambled Tuesday to defend and explain a proposed law that U.S. officials and others fear could send a message that Mexico is softening its stance against drugs.
The legislation, passed last week by the Mexican Congress, designates small quantities of heroin, cocaine and other narcotics that drug addicts and other "consumers" can use without being prosecuted as criminals.
Mexican officials denied Tuesday that the bill is aimed at decriminalizing narcotics. They said it is part of a larger attempt to give local police the ability to battle drug dealers without filling the jails with petty drug users. Fox and his conservative National Action Party originally proposed the legislation two years ago. The president plans to sign the bill, his spokesman, Ruben Aguilar, said Tuesday.
"In principle, it looks like it's a good law and an advance in combating narco-trafficking," Aguilar said. "It establishes the minimum amounts that a citizen can carry for personal use, for addiction problems, for medical treatment problems."
But the law has been sharply criticized on the U.S. side of the border, where local officials fear it could encourage more trafficking and lure tourists and others into Mexico to do drugs. San Diego Mayor Jerry Sanders said Friday he is "appalled" by the legislation.
U.S. officials met with Mexican officials in Washington on Monday and urged them to review and clarify the proposal, according to Judith Bryan, the spokeswoman at the U.S. Embassy in Mexico City.
"We want them to clarify what it means, and not let anyone think the purpose is tolerance," Bryan said. "We urged them to assure that anyone in possession of any quantity of illegal drugs either be prosecuted or diverted to mandatory drug treatment programs."
The bill would make it legal to possess up to 25 milligrams of heroin, 5 grams of marijuana or half a gram of cocaine. It also would be legal to have small amounts of LSD, amphetamines and up to a kilo of peyote.
The legislation was passed by the Mexican Senate on Friday after an all-night meeting that wrapped up the Congress' spring session.
Included are provisions that would empower local judges and police to enforce drug laws, something proponents argue would seriously improve Mexico's enforcement because only federal authorities are involved now. The bill also would stiffen penalties for drug dealing.
Under the existing system, judges can overlook possession of small quantities of drugs, but that means small-time users often go to jail while dealers with more money can try to bribe their way out. The new limits would reduce the discretion and help judges determine who should be jailed.
Anyone caught with less than the legal limit of a narcotic would be arrested and sent before a judge, proponents said. If the person could prove drug addiction, he or she would be sent for treatment, not prosecuted.
Critics argue that Mexico does not have enough treatment programs, and that slacking off on enforcement could promote more dealing and recreational drug use.
But some analysts said the measure would help Mexico concentrate on combating international traffickers and on its growing problem of smaller dealers selling drugs on street corners and outside schools.
Border cities such as Nuevo Laredo have been torn by violence and killings as turf battles among drug cartels rage over smuggling routes into the U.S. But officials here are just as worried that Mexico has gone from a transit country for drugs to one with a serious domestic consumption problem.
"Drugs are not being legalized in Mexico," said Ana Maria Salazar, a former U.S. Drug Enforcement Administration official now working as a political analyst in Mexico. "If you are caught with drugs, you will be detained and put in either a criminal process or an administrative process. This is just trying not to clog up the judicial system with addicts."
People coming to Mexico would be "absolutely crazy" to think they can do drugs freely, she said. "And now there will be more police who can arrest them."
