The next president of Mexico, Andrés Manuel López Obrador, is open-minded when it comes to drug policy. Though his personal stance on cannabis legalization remains relatively opaque for now, one of his key advisors who is expected to occupy a top cabinet office is all-in on ending prohibition.
López Obrador, the leftist who became president-elect in a landslide victory on Sunday, expressed openness to considering legalizing all drugs in the country during a May debate. But he’s demurred on taking a personal stance on marijuana legalization specifically.
That said, López Obrador’s pick for interior secretary during the transition, Olga Sánchez Cordero, is pushing the president-elect to end the prohibition of cannabis. Last month, the former Supreme Court official said that she would “seek the decriminalization of marijuana for recreational use,” according to a translation of an AFP interview. She added that part of her involvement in the new government would be to “propose to Andrés Manuel” ending the prohibition of marijuana cultivation and recreational use.
And in new comments on Wednesday, Sánchez Cordero cited moves to legalize marijuana elsewhere as a reason that Mexico shouldn’t wait to act.
“Canada already decriminalized, and [marijuana is] decriminalized in several states of the United States. What are we thinking?” she said in the interview with W Radio. “We are going to try to move forward.”
She also said the incoming administration would consider legalizing the growth of opium poppies to be used in the production of pharmaceutical drugs, adding that the incoming administration will “have a consultation on the decriminalization of drugs.”
“The debate between justice, health and drug trade has never been led by the Mexican state,” Sánchez Cordero recently tweeted. “It has only been criminalized and fought with the hardening of sanctions, bringing mourning to thousands of families.”
El debate entre justicia, salud y comercio de drogas nunca ha sido encabezado por el Estado mexicano; sólo se ha criminalizado y combatido con el endurecimiento de sanciones, trayendo luto a miles de familias. Les comparto mi columna en @Milenio. https://t.co/NkG9dsZ38G
— Olga Sánchez Cordero (@M_OlgaSCordero) June 6, 2018
“The world war on drugs has failed,” she wrote last month in an op-ed for Milenio. “Nothing contributes to peace by legislating on the basis of more criminal punishment and permanent confrontation. Violence is not fought with violence, as López Obrador rightly points out.”
“Criminalizing -in any case- consumption has not been a factor that diminishes the use of narcotics.”
“The illegal obtaining of drugs creates a personal risk for users and only benefits the criminal networks because their economic and belligerent wealth is fostered… It is known that the United States is the main consumer of drugs in the world; and 23 states of 50 that make it up have [legal] cannabis markets for recreational and medicinal use. Uruguay, Switzerland and New Zealand have successfully taken the first step in opting for legalization through a responsible regulatory context, based on medical, sociological, economic and political evidence.”
(At the time of publication, 30 states in the U.S. had effectively legalized marijuana for at least medical or recreational use, and only Uruguay and Canada have ended the prohibition of cannabis for adults, though many countries allow medical cannabis and have instituted progressive drug policy reforms.)
One of the president-elect’s favorite campaign slogans translates to “hugs, not gunfire,” and is meant to reflect López Obrador’s anti-corruption platform, which includes combating illegal drug market violence.
López Obrador has made clear that he’s interested in an alternative approach to the drug war, proposing amnesty for low-level drug offenders—with a focus on farmers caught cultivating opium poppy and marijuana— and arguing that a softer approach to drug enforcement efforts could be more effective than the status quo, which he believes has failed.
— Reuters Top News (@Reuters) July 3, 2018
“I will achieve peace, that’s my commitment, I will achieve peace and end the war—we are not going to continue with the same strategy that hasn’t brought us positive results,” López Obrador said at a recent rally. “By the middle of my six-year term, there will be no war, and the situation will be completely different.”
In spite of the president-elect’s grandiose promises, however, he’s declined to answer questions from the press about his personal stance on cannabis policy.
The current status of marijuana in Mexico
Over the course of his six years in office, outgoing Mexican President Enrique Peña Nieto’s position on cannabis policy evolved demonstrably. Two years after the country’s Supreme Court ruled that a group of activists was allowed to grow marijuana because it determined that prohibiting cannabis consumption was unconstitutional, Peña Nieto signed a decree that legalized medical cannabis nationwide. However, legal medical marijuana products are limited to “cannabis derivatives” that contain less than one percent THC.
The decree also mandated that Mexico’s Ministry of Health implement regulatory policies around cannabis and first develop a research program before the government broadens its marijuana laws.
Former Mexican President Vicente Fox has advocated for legalization for years.
“How different it feels to be by the side of business community members who are responsible people and decision makers, rather than being by the side of Chapo Guzman or all those criminals that kill and kill and kill,” Fox said last year, referring to the infamous drug cartel leader.
The recreational marijuana market remains illegal under federal law in Mexico. Whether López Obrado will take steps to expand the country’s medical cannabis system or push for full legalization after he takes office on December 1 is yet to be seen.
Meanwhile, a growing number of U.S. states are ending marijuana prohibition, as is Canada.
Photo courtesy of Wikimedia Commons.
Senate Schedules Hearing On Marijuana Business Banking Access
In one of the clearest signs of marijuana reform’s growing momentum on Capitol Hill, a Republican-controlled Senate committee has scheduled a hearing for next week that will examine cannabis businesses’ lack of access to banking services.
The formal discussion in the Senate Committee on Banking, Housing and Urban Affairs on Tuesday comes as legislation aimed at resolving the marijuana industry’s financial services problems is gaining momentum. A House cannabis banking bill that cleared that chamber’s Financial Services Committee with a bipartisan vote in March now has 206 cosponsors—nearly half the body—while companion Senate legislation has 32 out of 100 senators signed on.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Congressman Files Marijuana Bill After Leaving Republican Party
In one of his first legislative acts since leaving the Republican Party earlier this month amid a feud with the president, Rep. Justin Amash (I-MI) filed a bill on Monday that would let states set their own marijuana policies without federal interference.
If that sounds familiar, it’s because bipartisan legislation that would accomplish the same goal has already been filed this Congress.
But unlike the nearly identical Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, Amash’s new bill excludes one provision that would require the Government Accountability Office (GAO) to study the effects of cannabis legalization on road safety and issue a report on its findings within a year of the law’s enactment.
That language states that the GAO must study “traffic crashes, fatalities, and injuries” in legal cannabis states, actions taken by those states to “address marihuana-impaired driving,” testing standards being used to detect impaired driving and federal initiatives “aiming to assist States that have legalized marihuana with traffic safety.”
Given Amash’s libertarian leanings, it stands to reason that he opposes spending government dollars to conduct the research and simply supports the broader states’ rights intent of the original legislation.
That would also put him at odds with social justice advocates who feel that the STATES Act itself doesn’t go far enough and are pushing for more comprehensive legislation that includes additional provisions addressing social equity and restorative justice for people harmed by drug law enforcement.
Members of the House Judiciary Crime, Terrorism and Homeland Security Subcommittee heard that debate play out during a historic hearing on ending federal marijuana prohibition last week.
A newly formed coalition of civil rights and drug reform organizations, including the ACLU, is also insisting on passing wide-ranging legislation to deschedule cannabis entirely that also invests in communities that have been disproportionately impacted by prohibition.
Amash is a long-standing critic of the war on drugs and earlier this year signed on as a cosponsor of a separate bill that would federally deschedule marijuana. Rep. Tulsi Gabbard (D-HI), a 2020 Democratic presidential candidate, filed that legislation, which is also silent on social equity provisions.
— Justin Amash (@justinamash) March 8, 2019
Gabbard also introduced a separate bill that would require the U.S. Department of Health and Human Services and other federal agencies to study the impacts of legalization. True to form, Amash declined to add his name to that measure as well.
Read the text of Amash’s new cannabis bill below:
Photo courtesy of Kyle Jaeger.
Berkeley City Council Considers Decriminalizing Psychedelics This Week
A resolution to decriminalize psilocybin and other psychedelics will go before a Berkeley, California City Council committee on Wednesday.
Decriminalize Nature, the group behind the measure, also led the charge to successfully get a measure decriminalizing entheogenic plants and fungi approved by the City Council in neighboring Oakland last month.
In Berkeley, the Public Safety Committee will discuss the proposal and can either decide to hold it for a future meeting or advance it to the full Council. The public is able to attend Wednesday’s special meeting and share their perspective on the resolution, but Decriminalize Nature stressed in a tweet that this “is a small meeting, so you do NOT need to attend.”
Is it time for #DecriminalizeNature #Berkeley? Agenda 4 at the public safety meeting this Wed. July 17, with the Decriminalize Nature team! This is a small meeting, so you do NOT need to attend. But if you live in Berkeley, write your City Council! https://t.co/gMSDkegMPU
— Decriminalize Nature (@DecrimNature) July 15, 2019
However, city residents are being encouraged to write to their Council members and urge them to vote in favor of the measure, which would codify that “no department, agency, board, commission, officer or employee of the city, including without limitation, Berkeley Police Department personnel, shall use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults of at least 21 years of age.”
The resolution defines the covered substances as “plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indoleamines, tryptamines, phenethylamines.”
Councilmembers Rigel Robinson and Cheryl Davila are sponsoring the resolution, which does not allow for commercial sales or manufacturing.
The lawmakers provided background information on the measure in a report to their colleagues and the mayor, describing the medical potential of various psychedelics as well as the success of decriminalization measures in Denver and Oakland.
“It is intended that this resolution empowers Berkeley residents to be able to grow their own entheogens, share them with their community, and choose the appropriate setting for their intentions instead of having to rely exclusively on the medical establishment, which is slow to adapt and difficult to navigate for many,” they wrote.
While efforts to eliminate criminal penalties associated with psilocybin and other psychedelics have so far centered in jurisdictions that have historically embraced marijuana legalization and broader drug reform, the conversation around decriminalizing psychedelics is spreading nationally.
Shortly after Oakland approved its measure, Decriminalize Nature received inquiries from activities in cities from across the country. The group has kept track of each city where organizers are pursuing decriminalization.
Nature lovers are organizing coast to coast (and Hawaii)! Is your city on the map? Connect to join with your local community, or if you have the motivation to propose a similar initiative in your city/town/county, let’s start growing! contact [email protected] #DNUSA pic.twitter.com/38UxLKK9RN
— Decriminalize Nature (@DecrimNature) July 2, 2019
On Monday, a conversation around changing laws governing psychedelics reared during a City Council meeting in Columbia, Missouri. One resident implored the body to take up a resolution to decriminalize the natural substances, pointing to their therapeutic benefits.
Councilmember Mike Trapp said that the student’s proposal should be considered and that a government advisory board on public health should provide input on the medical potential of psychedelics, describing it as “very promising.”