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Puerto Vallarta News NetworkNews Around the Republic of Mexico | February 2007 

Controversial Drug Bill Resurrected
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This version of the initiative establishes that any individual caught with less than 2 grams of marijuana will be exempt from being prosecuted - for the first offense.
If approved, a new version of a controversial legislative initiative would allow first-time drug offenders with small amounts of narcotics off the hook - but any subsequent arrests would result in charges being filed.

The bill, currently being discussed by the justice, health and legislative studies commissions of the Senate, is the resurrection of a previous initiative that would have essentially decriminalized the possession of small amounts of drugs in an effort to keep law enforcement focused on cartel leaders rather than individual abusers and addicts. Despite approval from both houses of Congress, former President Vicente Fox refused to sign the bill last May, in part because of U.S. pressure.

The new bill could be introduced for debate before the full chamber as early as this week.

This version of the initiative establishes that any individual caught with less than 2 grams of marijuana or 40 milligrams of amphetamines will be exempt from being prosecuted - for the first offense.

Second-time offenders or those carrying more than the minimum amount, or more than one type of drug, would face charges. It was unclear on Sunday whether a minimum quantity had been established for other narcotics.

STATE PROSECUTION

The bill would also allow the governments of the nation´s 31 states and the Federal District (Mexico City) to prosecute drug dealers and offenses. Currently, most drug-related crimes are considered federal offenses in Mexico. This reform seeks to give local governments the power to crack down on rising drug use, according to Sen. Alejandro González Alcocer of the National Action Party (PAN), who has been involved in drafting the initiative.

The bill would also allow local governments to shut down commercial outlets that clandestinely sell narcotics. The outlets have been dubbed "narcotienditas" (´little narcostores´) by the Mexican press, and allegedly operate in a number of cities.

Indigenous Mexicans possessing hallucinogenic mushrooms or peyote, substances that are traditionally used in some rituals and ceremonies, would also be exempt from prosecution.



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