Mexico court allows recreational cocaine in landmark decision

21.08.2019

The ruling, which does not allow for the sale of the drug, is now under review by a higher court at the government's request. The organization backing the case told DW it is a step toward ending the "war on drugs."

A judge in Mexico City has ruled in favor of two people requesting permission to use cocaine recreationally, marking the "first ruling of its kind," the organization backing the case said on Monday. The decision is now being reviewed by a higher court at the request of the government.

Mexico United Against Crime (MUCD), a group dedicated to ending the country's so-called war on drugs, said the ruling allows the petitioners to "possess, transport and use cocaine" — but not sell it.

MUCD told DW that they put the case forward in a bid to get the Mexican government to "reorient" the country's security efforts.

Read more: Mexico to pursue new strategy in 'war on drugs'

"Mexico has been focusing on 'fighting' a violent war against these substances for the past 13 years and the results couldn’t be worse: violence has tripled, drug consumption continues to be on the rise and the number of criminal organizations profiting from the illegality of drugs has also increased significantly," said Lisa Sanchez, general director of MUCD, to DW.

"Therefore, what we are doing is using all tools at our reach to foster a debate on the need to reform drug policies in order to define a much more effective security policy."

'Prohibition has failed'

Following the judge's ruling, which took place in May, MUCD said the country's national health regulator COFEPRIS was ordered to authorize the two petitioners' personal, recreational use of cocaine use.

However, news agency AFP reported that the regulator has since moved to block the court order on the grounds that issuing such an authorization would be outside its legal remit.

The Mexico City court's ruling will only stand if the tribunal court, made up of several judges, agrees with the decision. The ruling would also only apply to the two petitioners. But MUCD has a bigger picture in mind.

Sanchez said the next step is to "prove is that prohibition has failed and alternative approaches can work better." "This is why we are making the case at court that adult use of currently illegal substances, such as cannabis or cocaine, shouldn’t be illegal or at least should not be punished by law and sanctioned with prison," she said.

Read more: 'Europe is also responsible for the crisis in Mexico,' says DW honoree Hernandez

The vast and perilous US-Mexico border Tijuana and San Diego's walled beach A large wall stretches into the Pacific Ocean at the beaches of San Diego and Tijuana, two populous cities separated by the US-Mexico border. It is one of the most secure areas of the frontier and is part of the 1100 kilometers (700 miles) of fencing that have been completed thus far. The vast and perilous US-Mexico border Politically divisive The fight over how to secure the border has divided Republicans, who support more fencing, and Democrats, who argue that using technology is more effective. Experts estimate it would cost $15-25 billion (€13-22 billion) to fully wall off the entire southern frontier. The vast and perilous US-Mexico border The dangerous desert stretch Large swaths of the border are covered in desert, desolate and uninhabited. Many migrants try to cross these areas, where they fall victim to disorientation, dehydration and where the risk of death is high. Activists often leave water (pictured) and other supplies to help migrants survive the dangerous trek. The vast and perilous US-Mexico border The Rio Grande Roughly half of the 3,000-kilometer border falls along the snaking Rio Grande. Migrants regularly attempt to cross the river, either by swimming or on rafts. The calm appearance of the Rio Grande is deceitful, as it is a fast-moving river with dangerous currents. The vast and perilous US-Mexico border Crowded points of entry The US-Mexico border is considered the most transited frontier in the world. Most of the movement takes place at the various points of entry, where lawful back-and-forth traffic and asylum-seekers meet. The Matamoros-Brownsville International Bridge (pictured) is one of 44 official points of entry and the last one before the border ends at the Gulf of Mexico.

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Homicide rates reach new record

Drug cartels and gang violence have largely contributed to a spike in Mexico's homicide rate. Official figures released in July showed that in the first half of 2019, more than 17,000 homicides were reported. The toll marked a new record, with a 5.3% rise in homicides compared to the same period the previous year.

Mexico's President Andres Manuel Lopez Obrador, elected last year, campaigned on fighting corruption, organized crime and the drug trade — but has faced an uphill battle inherited by his predecessor.

A US Congressional report published in August said challenges for Lopez Obrador include an ad hoc approach to security, "absence of strategic and tactical intelligence on the opaque criminal market and "endemic corruption" within the country's judiciary and law enforcement.

stb/kl (AFP, AP, El Universal)