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A Judge In Mexico City Has Approved One Couple’s Request For Recreational Cocaine

In a historic step toward ending the country’s deadly “war on drugs”, a judge in Mexico has approved the request of two people to legally possess, transport and use cocaine. Víctor Octavio Luna Escobedo, an administrative court judge in Mexico City, made the historic decisions saying “the consumption of cocaine doesn’t put one’s health in great risk, except in the case that it’s used chronically and excessively.”

Mexico United Against Crime (MUCD), a nongovernmental organization filed injunction requests on behalf of the two individuals. It pursued the case with goals to trying to change Mexico’s drug policy. At the core of the organization’s argument is that criminalizing consumers causes even more violence. If the ruling is ratified by a higher court, it would be the first time any cocaine use has been legal in Mexico.

According to Mexico Daily News, the Mexico City judge set a string of stipulations for the unidentified couple in order for them to use the cocaine. This includes regulating the amount they intake to 500 milligrams per day and not working, driving or operating heavy machinery while under the influence of the substance. This also includes not being able to consume cocaine in public, in the presence of children, or even encourage others to consume it.

So is cocaine really legal in Mexico? Here’s what you need to know. 

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The order by the judge to the country’s health authority has many wondering if one day Mexico could, at some point, legalize cocaine use, but only on a case-by-case basis. As of now, the judge’s ruling must be reviewed by a higher court panel of judges for the case to move forward. 

“We have been working for a safer, more just and peaceful Mexico for years, and with this case we insist on the need to stop criminalizing users of drugs other than marijuana and design better public policies that explore all available options, including the regulation,” Lisa Sanchez, director of MUAC, said in a statement.

The judge wrote in his ruling that the use of cocaine has certain benefits if consumed responsibly. “Ingestion can have various results, including alleviating tension, intensification of perceptions and the desire for new personal and spiritual experiences,” the judge said.

While two people have been allowed to take the drug, there is a bevy of injunctions and court orders that have followed. Which means the judge’s decisions could still be overturned.

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 Cofepris, Mexico’s national health regulator, is being ordered to authorize the two people to legally possess, transport and use cocaine. But Cofepris says that such authorization is outside its power and has now blocked the court order as a result. The rulings are set to be reviewed by three collegiate court judges that will then set forth the legal standing of judges ruling.

The next step in the decision will be an appeal to the circuit court. This essentially means that the case could land all the way up to Mexico’s Supreme Court. Even if the decision is then upheld, cocaine wouldn’t suddenly become legal in Mexico. While in the U.S., a Supreme Court ruling makes it the law of the land, In Mexico the Supreme Court must hand down similar rulings in at least four other cases.

“This case is about insisting on the need to stop criminalizing users of drugs… and design better public policies that explore all the available options, including regulation,” Sanchez said.

The ruling could be a landmark moment and opportunity for debate in Mexico, where a 15 year-long drug war has taken the lives of many. 

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Mexico has become a central battleground and transit point for cocaine being transported to the United States. Trafficking gangs have also grown immensely since 2006 when then-President Felipe Calderón sent in the country’s army to fight drug traffickers. More than 20,000 people have been killed and 40,000 disappeared since then. This year has already been a stark reminder of the deadly drug war as Mexico is on pace to have the most murders on record.

“This case represents another step in the fight to construct alternative drug policies that allow [Mexico] to redirect its security efforts and better address public health,” Sanchez said. “We have spent years working for a more secure, just and peaceful Mexico.” 

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