Mexican Legalization of Drugs Unintended Consequences
by Dr. Tony Magana
The Mexican Senate’s new bill to decriminalize narcotics places the correct focus on treatment but it also runs the risk of increasing the number of seedy drug seeking tourists and sending the message to spring breakers that Mexico is the place for drugs.The shift of enforcement to local police forces which currently are undermanned and too corrupt is premature.
This week the Mexican Senate on the advice of President Felipe Calderon passed a bill that would legalize not only marijuana but also cocaine, heroin, methamphetamines, “crystal meth”, and LSD in small amounts. Three years ago a similar bill was vetoed by President Vicente Fox on the advice of President Bush however so far this time no official U.S. response has as yet been made public. Some are saying the silence of the Obama administration who just visited Mexico to discuss the drug problem and violence in Mexico is a sign of Obama’s approval of the measure.
Mexican lawmakers say that the bill will allow law enforcement to shift their focus away from users and more towards the cartels. Currently only the Mexican Federal government can prosecute drug dealers but under the new law it will no longer be a federal crime to be a drug dealers. Organized crime involving three or more persons will still be considered to fall under federal jurisdiction but one or two only will be considered just dealers appropriate for local prosecution. Advocates say the law will now allow states to prosecute small time dealers and point to the fact that the federal courts are too crowded with bigger cases such that drug dealers were rarely taken to court anyway.
Last year President Calderon was optimistic that the military could be pulled away from drug enforcement and police agencies allowed to the lead once again. However, he is now asking the Mexican legislature to grant the military even more authority because police corruption remains rampant and law enforcement is almost nonexistent. Passing this law without restoring reliable, uncorrupted, and well staffed law enforcement agencies in federal and local government could be counterproductive.
For users the intent of the law is to move away from punishment and more towards treatment. If police find drugs on a user for a second time they will referred to treatment center. If they found in the possession of drugs a third time then they will have to undergo mandatory treatment at a rehabilitation center.
There are real concerns that the legalization of small amounts of drugs and likely minimal prosecution of so called individual dealers will lead to a new type of tourism in Mexico. Already the internet is full of websites discussing what would be the best places to visit. The seedy side of Mexican tourism found in the northern border cities and in the shadows of the famous resorts are not exactly victimless crimes. Often times underage women are forced into prostitution in an industry that caters to foreign tourists. Now that industry will have a new dimension added with the likely addition of drugs.
With so many young people typically experimenting with drugs, one wonders if the new liberal laws on drug use not of just marijuana but other more powerful drugs will be an inducement to American college students to go back to Cancun. The Mexican tourist industry has taken a big hit between the drug cartel violence and now the Swine Flu pandemic, however, this should not be used as an inducement for tourism. It will be in no one’s interest if college students on spring break die of an overdose or become victims of abuse. Mexico does not want to become the next Aruba.
The bill must go to the Mexican equivalent of the House of Representatives for evaluation.
Thanks for reading Contempo Magazine blog which discusses issues for McAllen, the Rio Grande Valley, and America from a conservative Hispanic point of view. Tony Magaña grew up in McAllen Texas, attended Texas A&M University, served as an officer in Army Reserve, and holds a doctorate from Harvard University. The co-founder of Contempo Magazine has participated in Valley business for over 20 years. He is a member of the National Association of Hispanic Journalists and also writes for the American Daily Review
