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Emilio Gamboa Patrón, parliamentary coordinator of the ruling Institutional Revolutionary Party (PRI) in Mexico's Senate, said that the decision of the Supreme Court of Justice to authorize four people to use marijuana unleashed a necessary and healthy debate on the decriminalization of cannabis so that it can be used with recreational purposes, as part of the free development of personality and exercise of human rights in our country.
However, he explained the decision only applies to these four people and does not change the legislation in force, neither the policy against drugs in Mexico. "Marijuana continues to be forbidden, simply because it harms health," Gamboa added.
The PRI is in favor of a wide public consultation to know the opinion of society and experts, as well as the international experience on the subject. The idea is that doctors, psychologists, sociologists, lawyers and internationalists help us analyze the effects on society and the population's health of replacing the current prohibitionist policy with a regulatory approach, as the one that is emerging in other countries.
"We would also have to define which activities would need to be regulated, such as growing, commercializing and distributing marijuana," Gamboa said.
He also recalled that even though President Enrique Peña Nieto has expressed that he is personally against decriminalizing marijuana, he instructed to organize a debate on the subject.
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Fernando Herrera Ávila, parliamentary coordinator of the National Action Party (PAN) in the Senate, said that a serious and scientific debate on the subject is inescapable, and added that it is necessary to avoid simplistic arguments such as saying that legalizing marijuana would automatically reduce violence, as cannabis is not the only drug commercialized by organized crime.
He added that even though the consumption of up to 5 grams (0.17 ounces) of marijuana is regulated, its production and sale continue to be controlled by organized crime. This means that, on the one hand, there is a public health problem when a substance is addictive, but also there is a violence and money laundering problem when it is prohibited.
“That is why we need an informed debate. For example some people believe that marijuana is less harmful than alcohol and tobacco, but they offer no scientific evidence to prove it. Also, those who oppose legalization say that marijuana is addictive. We should base our opinions on scientific evidence. We should also think in the 94% of the population that has never tried marijuana and the government must offer recent statistics in order to have a serious debate,” he added.
Herrera reiterated that the PAN is in favor of a debate in order to enact the right legislation.
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Miguel Barbosa Huerta, parliamentary coordinator of the Democratic Revolution Party (PRD) in the Senate, said that the ruling of the Supreme Court on the resolution of minister Arturo Zaldívar made clear that banning marijuana consumption is based on a prejudice supported by moral issues and not by scientific studies.
"The decision will change the terms of the debate on marijuana decriminalization and constitutes a step towards replacing a prohibitionist policy with one in which the rights and freedoms of individuals are fully respected," Barbosa said.
He added that it is laudable that President Enrique Peña Nieto is open to a debate on the subject even though he is personally against decriminalizing marijuana. Some of the subjects that should be included in the debate are the regulatory framework on drugs included in the General Health Law and other legislation, its effects on health, the evolution of cannabis addiction, the propensity to use harder drugs, the influence (or not) of marijuana consumption in criminality, the regulation of substances similar to marijuana and alternatives to absolute prohibition.
“I agree that it is up to citizens to decide whether or not they want to use marijuana and its derivatives for recreational purposes. This freedom and individual responsibility should be guaranteed in a federal, secular and democratic Republic,” Barbosa said.
(Translation into English: Giselle Rodríguez)