How Marijuana Legalization Would Benefit the Mexican Criminal Justice System

Mexico is presently enduring one of the worst emergencies in terms of illegal drug abuse. The global war on drugs has led to a systematic and low intensity conflict between the US and Mexico. Moreover, statistics show that more than 34 thousand people were killed in Mexico in 2020. Meaning, a person was killed every fifteen minutes, mostly due to the ferociousness of drug cartels and illicit trade. In addition, the annual sale of illicit drugs in Mexico has crossed over 50 USD billion.

Therefore, the country is moving toward legalization of marijuana and other cannabis-based drugs in an effort to reduce the number of criminal cases resulting from illegal possession and utilization of marijuana in Mexico.

Mexico’s lower house of Congress sanctioned a bill in March to decriminalize the recreational use of cannabis. The bill is now with the Senate with high chances of getting approved as senators have voted in favor of marijuana legalization. If the bill passes, Mexico will be the third country after Canada and Uruguay to fully legalize cannabis for industrial, medical, and recreational purposes.

This impending crisis has directly led to the strengthening of Mexico’s drug control laws. These laws encompass everything from drug possession to organized crimes related to drug cartels, human and drug trafficking, homicide, feminicide, etc.

The major response of the administration toward settling and resolving the war on drugs and ammo has been focused on two key elements:

1. Controlling the increasing usage and possession of drugs like marijuana.
2. Fighting those who are involved in trading, supplying, and distributing illicit marijuana in or out of Mexico.

Therefore, in an effort to make Mexico a better place to live, the Mexican government has clearly stipulated rules and regulations for carrying marijuana in Mexico. The country is home to some of the world’s largest drug trafficking organizations in the world.

In this blog, we’ll discuss various advantages of marijuana legalization for the criminal justice system of Mexico.

Restoring Justice

Speaking of marijuana legalization in pecuniary terms makes for a convincing argument, but human cost is the main consequence of the War on Drugs. When people are detained and imprisoned for drug crimes that are legal across state lines, they often lose job prospects, mortgage loans, homes, and access to societal or communal events in their society.

This is particularly true in Tijuana where crime rate is very high and people are speculative of suspicious individuals across the city. Hence, legalizing marijuana may help resolve conflicts and public’s perception toward marijuana usage for both recreational and medicinal uses.

Moreover, People with prior detentions or convictions connected to owning or selling soon-to-be legal quantities of marijuana will still have detention convictions, along with potentially criminal ones. This would further help legal bodies and judicial system in figuring the convict’s history if they’re arrested again.

Having a history of drug abuse or illegal possession arrests will also help the local and federal anti-crime agencies increase bond or sentencing limits for criminals.

Curbing the Development of War on Drugs

The war on drugs is primarily a war on marijuana. Criminologists, criminal justice lawyers, and drug policy professionals are of the opinion that the War on Drugs has been nothing but a nuisance for the society. Moreover, the illegal possession and trade of marijuana amounts to around $47 billion per year.

 

Hence, decriminalization of marijuana in Mexico can further mitigate the rise of illicit drug cartels, thereby reducing the overall impact on the country’s criminal judicial system.

Reducing Number of Unlawful Arrests

Mexico is home to some of the world’s most dangerous and deep-rooted drug cartels. Unfortunately, many innocent citizens who want buy and use marijuana for medical purposes are often arrested. Since the early 1970s, the number of people arrested for marijuana usage has increased seven times at the turn of the millennium.

With so many people being incarcerated for marijuana use, the judicial system and law enforcing agencies are wasting of time and effort trying to keep the drug control policies intact. From filing citations, wasting taxpaying dollars, and holding trails for drug control cases, the steps involved in the anti-drug arrest cases are highly time consuming.

In addition, one of the more harmful effects of an arrest is the reputation damage resulting from facing criminal charges. The overall process of going through the criminal justice system is quite stressful as well, especially for non-violent recreational marijuana users who haven’t broken any laws.

This is where decriminalization of marijuana can help in reducing the excess pressure on Mexico’s criminal judicial system.

Possessing and Using Drugs in Mexico

The recent reform in the legal policies on public drug usage and possession clearly mentions all the ways to carry regulated, legal drugs inside Mexico. Drug penalization in Mexico has always been a hot topic at national and international meetings but the scientific and political complexity has marked it as a global anti-drug effort. You’d be surprised to know that Mexico has been one of the most violent countries in the region wherein, the crime situation is comparable to that of Colombia during the Pablo era in the 80’s.

In the beginning, the emphasis on drug control was limited to curbing plantation, growth, and the harvest of drugs like marijuana. Later it became more pertinent to criminalizing drug production, trafficking, supply, and commerce.

Since then, there’s been an extensive regulatory policy and increase in penalties for offenders. Let’s learn more about the marijuana legalization in Mexico.

Know the Relevant Law about Drug Possession

Possessing illegal drugs is a criminal act in Mexico. However, buying and using narcotics that don’t exceed regulated and controlled quantities is not criminally offensive.

These regulated quantities are allowed for immediate personal or medicinal use. But the users must avoid carrying the allowed drugs to prohibited locations such as educational institutes, workplaces, or prisons.

Mexico has enacted a debatable law legalizing possession of small quantities of drugs such as cocaine, marijuana, heroin, etc. The law has stated definite “personal use” quantities for medicines, also counting in LSDs and methamphetamine.

If you’re caught with drugs under the allowed limit, you won’t be arrested, however, you’ll be encouraged to seek treatment. Moreover, if you’re caught three times in a row, the treatment will become necessary.

Know the Right Quantity

Possessing psychoactive drugs isn’t a crime in Mexico but the purpose of possession is classified as criminal or non-criminal. The first thing to ensure if you’re carrying such drugs is its quantity, which is limited to 5 grams as per the latest law. This equates to somewhat four marijuana cigarettes.

In addition, cocaine possession shouldn’t be more than half a gram, heroine 50 milligrams, methamphetamine 40 milligrams, and LSD 0.015 milligrams.

Understanding Drug Possession Penalties in Mexico

Let’s discuss the penalties and punishments subjected to possessing drugs in Mexico.

Carrying Drug Penalties and Prescription Medications to Mexico

Punishments for drug-related crimes are severe, and offenders can expect penitentiary rulings for of as long as 25 years! Although the charged individual is entitled to get in touch with a criminal defense lawyer in Tijuana, Mexico, it’s important that you try to avoid a situation that could potentially lead to an arrest.

The acquisition of prescription medications necessitates a recommendation from a qualified and licensed Mexican doctor. Some Mexican medics have been detained for writing treatments that include use of recreational drugs or regular medicines without a due cause.

In those cases, citizens who bought the inaccurately recommended medicines have been arrested for months and even years, waiting for the judicial system’s final verdict. Marijuana prescriptions aren’t valid in Mexico. Moreover, if you have a prescription from another country, that’s invalid in Mexico as well.

Mexicans with a state medical marijuana license must know that this license isn’t valid anywhere outside their residential state and using it to carry drugs into Mexico, even with a prescription, is a serious federal level offense known as international drug trafficking. This is potentially punishable by extensive prison sentences.

Buying Prescription Drugs in Mexico

Any drug categorized by the Mexican administration, COFEPRIS, as a regulated medicine can’t be bought in Mexico without a federally licensed doctor’s prescription. Buying a regulated and approved medicine without a binding instruction in Mexico is a crime for both the buyer and the supplier.

Moreover, you can get arrested for using an international prescription to buy drugs in Mexico. Doing so is considered illegal inside Mexican borders, regardless of which pharmacy or wholesaler you’re buying from.

Take this example:

Mexican pharmacy stores aren’t allowed to entertain people with prescriptions obtained by a doctor in the US. Some US citizens have been arrested, detained, or even incarcerated for purchasing drugs on their American prescriptions. Not only are the medications are confiscated, but their money, passport, and other private documents are also extorted by the legal bodies.

Some people are often held for at least 48 hours and may be released without charges with a warning.

Criminal Punishments for Drug Possession

The Mexican Judicial System has reformed and re-enacted many drug related laws in an effort to curb illegal drug possession, trading, and misuse. Moreover, it also states several rules regarding possession and use of drugs for medicinal purposes.

Additionally, the new drug commandments include rigid consequences for many drug crimes as the sale and circulation of drugs remains to be illicit in Mexico. People traveling to Mexico must study the new drug control laws to avoid possible prosecution under the Mexican law.

Now that you’re all brushed up on penalties and punishments related to drug and ammo possession, let’s look at the three key points you must remember when carrying drugs within the Mexican borders.

What to Do if You’re Arrested for Drug Possession or Use in Tijuana, Mexico

Until the legalization of marijuana is fully implemented across Mexico, it’s likely that the police and other law enforcement bodies will continue to arrest people for marijuana use. If you are detained or arrested in Tijuana, you have the right to refuse to answer questions from law enforcement officers.

Moreover, you have the right to contact a criminal defense lawyer for legal support that can improve your chances to get released as soon as possible.

After the arrest, the legal authority has forty eight hours to either release you or turn to a control judge. This time limit becomes more convoluted and limited if you’re not a permanent resident in Mexico.

If your judge remarks that the detention was lawful, you’ll need a criminal defense attorney to navigate the case. And when it comes to choosing an experienced criminal lawyer in Tijuana, Mexico, look no further than Fabian Meneses at Meneses Legal.

With over 40 years of industry experience, we leverage our knowledge and expertise to get you the best possible results in your case. Whether you’re looking for a bilingual criminal defense attorney or a marihuana crimes attorney in Tijuana, get in touch with us right away.

Call us at (664)500-6896 in Tijuana or (619)777-8627 in San Diego. We are here to help you!