Mexico

Overview of drug laws and legislative trends in Mexico

Trend

In Mexico the ‘Narcomenudeo decree’ came into effect in August 2009, removing any sanctions for quantities for personal use: 5gr cannabis, 2gr opium, 0.5gr cocaine, 50 mgr heroin or 40 mgr of methamphetamine. Addicts enter mandatory treatment only after the third arrest.

The law strictly defines personal dosage and establishes very low amount thresholds. Therefore, this can result in heavy prison sentences for those caught with more than that allowed by the law, as they will be assumed to be small traffickers even if there are no other indications that the amount in possession was meant for selling. In addition, the penalties for several offences were increased, for example selling to minors or in school neighborhoods. Also, the decree defines small-scale trafficking by quantities up to 1000x the dosage for personal use. Therefore, courier-level smuggling (someone caught at the airport who swallowed more than 500 grams of cocaine or more than 50 grams of heroin) will now be treated as large-scale trafficking, which falls under the highest penalty category.

Law

‘Narcomenudeo Decree’ (August 2009), reform Article 478 (General Health Law):

“The Public Ministry will not pursue penal action for the crime detailed in the previous article, against an addict or consumer in possession of any of the narcotics detailed in the table, in equal or less quantity than described in the same table, for strict personal use and outside of the places restricted by section II of article 475 of this Law. The ministerial authority will inform the consumer on the location of medical treatment institutions or addiction prevention centers.”

Drug Laws and Prisons in Mexico

Mexico is currently undergoing one of the worst crises in its history in terms of violence and insecurity. This crisis is directly related to the strengthening of organized crime in Mexico associated with drug trafficking, the divisions within the leading drug trafficking cartels, and their diversification. All this has resulted in a bloody struggle to control the key markets for the trafficking routes. The response of the Calderón administration has been a “war on organized crime” with two key elements: the growing use of the armed forces in public security tasks, and legal reforms aimed at more effectively fighting organized crime and, in particular, those involved in the trafficking, commerce, and supply of drugs.

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Mexico: The Law Against Small-Scale Drug Dealing

In August 2009, Mexico adopted a new law against small-scale drug dealing, which introduces some significant advances in key subjects, such as the recognising of and distinguishing between user, drug addict and dealer. However it still has significant flaws in continuing to treat demand and supply of drugs as a criminal and market phenomenon that are likely to undermine its successful application.

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Reducing Drug Trafficking Revenues and Violence in Mexico

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.

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Appendixes (PDF)

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Abused and Afraid in Ciudad Juarez

Residents in Ciudad Juarez, Mexico, are caught between the drug-related violence and the human rights violations committed by the security forces. The report focuses on human rights violations that occurred in Ciudad Juarez in the context of Joint Operation Chihuahua, which began in March 2008. The five cases described in the report involve acts of torture, forced disappearance and sexual harassment of women by Mexican soldiers deployed in Ciudad Juarez.

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Drug Laws and Prison in Mexico

Over the years, the Mexican government has adopted increasingly heavy prison sentences and militarized drug policies to confront drug trafficking. The result has been an increase of vulnerable populations in Mexico’s prisons, but no impact on the drug trade or violence.

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