MEXICO LEGAL-DRUG BILL CONDEMNED

S.D. Officials Worried About Spillover Effect

Mayor Jerry Sanders and other local officials were astounded to hear
that Mexico is close to legalizing an array of drugs - from marijuana
to heroin - for personal use.

"I view this as a hostile action by a longtime ally of the U.S.,"
Sanders said at a City Hall news conference.

Mexico's Congress approved a bill yesterday that would allow
possession of small quantities of marijuana, Ecstasy, cocaine and even heroin.

Mexican lawmakers say the change would actually strengthen drug
enforcement efforts, but that's not the interpretation north of the border.

"Legalizing these drugs is certainly going to have a spillover effect
in San Diego," said Damon Mosler, head of narcotics at the San Diego
County District Attorney's Office.

"It means they'll be importing people who want to do drugs, and
exporting those who need the financial wherewithal to continue to do
those drugs they've become addicted to," he said.

While shock and outrage dominated local reaction to the proposed law,
federal authorities noted they were still gathering information on
the specific details of the bill. They said the legislation appears
to "clarify" policies, rather than legalize drugs.

In Mexico, the situation wasn't any clearer.

Ruth Hernandez, a congresswoman with the National Action Party, said
the law's intent is actually to prosecute more people for drug possession.

"This is not a law that will tolerate the consumption of drugs, but
the way it was expressed makes it appear like that, and that's why
it's creating a lot of consternation," Hernandez said. "The law
should be sufficiently clear so there is no doubt in its interpretation."

She said she abstained from voting on the measure because of her
concerns with how it's being interpreted.

President Vicente Fox is almost certain to sign it, said Oscar
Aguilar, a Mexico City political analyst. Fox's office proposed it,
and his party supports it.

"He's not going to abandon his party two months before the
(presidential) election," Aguilar said.

Locally, the region's top political and law enforcement officials
gathered at the news conference late yesterday to attack the policy change.

"This is going to have a tremendously bad effect on San Diego and the
people who visit here," Police Chief William Lansdowne said.

Sanders said he plans to encourage Fox not to sign the bill.

The legislation is "appallingly stupid, reckless and dangerous," said
the mayor, who was flanked by Lansdowne, District Attorney Bonnie
Dumanis, Chula Vista Police Chief Richard Emerson and others.

"One has to ask the question: Are the drug lords running the show?"
Dumanis said. "More addicts will flood our streets and crime will go up."

Officials are concerned about the proposed law's effect on young
adults. With a drinking age of 18, teens already pack bars and
nightclubs in places like Tijuana, Cancun, Acapulco. But many avoid
drugs because they're worried about getting caught.

The Bush administration had no immediate reaction. Calls to the San
Diego offices of the Drug Enforcement Administration and Immigration
and Customs Enforcement were referred to the U.S. State Department.

"Preliminary information from Mexican legislative sources indicates
that the intent of the draft legislation is to clarify the meaning of
'small amounts' of drugs for personal use as stated in current
Mexican law," Janelle Hironimus, a State Department press agent, told
The San Diego Union-Tribune in a prepared statement.

"We are working with our colleagues in Mexico to get additional
information on this proposed legislation," she said.

The statement also noted that the United States and Mexico "have a
strong history of counter-narcotics cooperation, and the Fox
administration has taken a firm stance against illegal drug
cultivation, trafficking and abuse."

Currently, Mexican law leaves open the possibility of dropping
charges against people caught with drugs if they are considered
addicts and if "the amount is the quantity necessary for personal
use." But the exemption isn't automatic.

The new bill drops the "addict" requirement - automatically allowing
any "consumers" to have drugs - and sets out specific allowable quantities.

Victor Clark, a Tijuana-based human rights activist who follows drug
trends closely, said it appears the law would lead to more people
being prosecuted for drug possession.

Clark said that under the previous law, many people were able to
argue that they were addicts, and that meant they were back in the
streets within hours.

Sale of all drugs would remain illegal under the proposed law. Still,
the effects could be significant, given that Mexico is rapidly
becoming a drug-consuming nation as well as a shipment point for traffickers.

The policy change is likely to surface when John Walters, director of
the National Drug Control Policy in Washington, arrives in San Diego
to meet with officials Wednesday.

A spokesman for Walters said the director's trip was planned prior to
the development south of the border.

Mexican officials hope the law will help police focus on large-scale
trafficking operations, rather than minor drug busts. The bill also
stiffens penalties for trafficking and possession of drugs - even
small quantities - by government employees or near schools, and
maintains criminal penalties for drug sales.

The bill, passed by Mexico's Senate on a 53-26 vote with one
abstention yesterday, had already been approved in the lower house.
"This law gives police and prosecutors better legal tools to combat
drug crimes that do so much damage to our youth and children,"
presidential spokesman Ruben Aguilar said.

Under the measure, criminal charges would no longer be brought for
possession of up to 25 milligrams of heroin, five grams of marijuana
and a half-gram of cocaine.

"No charges will be brought against . . . addicts or consumers who
are found in possession of any narcotic for personal use," according
to the bill, which also lays out allowable quantities for a large
array of other drugs, including LSD, Ecstasy and amphetamines.

In California, it's illegal to possess cocaine, heroin, LSD, Ecstasy
and amphetamines. Medical marijuana can be used in certain
circumstances, but casual use is illegal. Possession of less than one
ounce of pot can draw a citation and a fine.

"Simple possession is an effective investigative tool into other
crimes, including trafficking," said Mosler of the District Attorney's Office.

While the drug amounts the bill outlines appear to be small, they're
enough to supply some users for several days, said Dr. James Dunford,
medical director of the city of San Diego's paramedic service.

"It's a travesty from a public health perspective," he said.

Sanders said Mexico's legislation couldn't come at a worse time, as
the U.S. struggles with immigration issues.

"I think it's going to be necessary to have a much more secure
border," Sanders said.

[sidebar]

DRUG LIMITS

List of maximum allowable drug quantities approved for personal use
by Mexico's Congress:

Opium: (raw, to be smoked): 5 grams

Heroin: 25 milligrams

Marijuana: 5 grams

Cocaine: 500 milligrams

LSD: .015 milligrams

MDA: 200 milligrams

MDMA (Ecstasy): 200 milligrams

Mescaline: 1 gram

Peyote: 1 kilogram

Psilocybin (concentrate, pure, active ingredient): 100 milligrams

Hallucinogenic mushrooms (raw, off the farm): 250 milligrams
Amphetamines: 100 milligrams

Dexamphetamines: 40 milligrams

Phencyclidine (PCP, or Angel Dust): 7 milligrams

Methamphetamines: 200 milligrams

Nalbuphine (synthetic opiate): 10 milligrams

SOURCE: Associated Press