Drug traffic laws: a short history

While enormous sums of money fuel the drug trade, the United States’ enormous appetite for drugs keeps it going strong. The border is too long and too unprotected to prevent 100% interception of illegal narcotics from Mexico to the U.S.

Ironically, the modern illegal drug trade between the United States and Mexico began back in the 1800s as a legal transaction. Wild growing marijuana plants were long considered a traditional folk drug in that country. In the 1800s the weed was welcomed into the U.S. which was then experimenting with many unregulated, narcotics-laced medicines for a variety of illnesses. Not aware of the addictive properties of these substances, the medical profession promoted the purchase of opiates, coca-based products and marijuana. See Tom Barry, Crossing the Line, Resource Center Press, Albuquerque, N.M., 1994 at 55; and Robert A. Pastor, Limits to Friendship: The United States and Mexico, Vintage Books: New York, 1988 at 265-267.

Soon, however, public concern was generated by the effects of substance abuse. In response, Congress passed the first national drug law, the Pure Food and Drug Act of 1906. 34 Statutes at Large [hereinafter "Stat."] (1907). A current version is codified at 21 U.S.C.A. sec. 301 et seq. (2002). For full text of the original law online, go to: http://coursesa.matrix.msu.edu/~hst203/documents/pure.html.

The act required accurate labeling of medications containing opium and other drugs, although these drugs were still legal. More problems with addiction mounted and so Congress passed the Harrison Narcotics Act in 1914 (one of the many "Pernicious Drug Acts"), 38 Stat. 785 (1914). This act completely banned the sale of large amounts of opium and coca, the source of cocaine. Id.

Drug trafficking soon became a problem after this prohibition of controlled substances. Smuggling drugs became a new profession. Reports during that time found that it was a lucrative business and the laws were ineffective. In response Mexican President Plutarco Elias Calles banned narcotic drug sales in 1927. Jose Maria Ramos, Las politicas antidrogas y comercial de Estados Unidos en la frontera con Mexico, Mexico City, Mexico, Colegio de la Frontera Norte, 1995 at 19. At about the same time Congress banned heroin entirely and in 1937 passed the Marihuana Tax Act, 50 Stat. 551 (1937). For full text online, go to: http://www.druglibrary.org/schaffer/hemp/taxact/mjtaxact.htm. The act required those using marijuana to obtain a special license – which were unavailable to private citizens, effectively banning its use in the United States. The act also imposed heavy penalties on smugglers. Id.

In 1956 Congress passed the U.S. Narcotic Control Act (70 Stat. 567 (1956))[Art. 35 authorizes national and international organizations to jointly combat illicit traffic in narcotic drugs], which permitted the death penalty for selling heroin to minors. The current Narcotic Control Trade Act is found at 19 U.S.C.A. sec. 2492, 2495 (2002), available on the Web through GPO Access at: http://www.access.gpo.gov/su_docs/index.html.

The international community acted in 1961 to make a world-wide pact prohibiting traffic of illicit drugs by enacting the Single Convention on Narcotic Drugs (UN Single Convention on Narcotic Drugs of 1961, 21 U.S.C.A. sec. 801 et seq.; 18 U.S.T. 1407: 520 U.N.T.S 204], of which the United States and Mexico are signatories. This convention entered into force with respect to the United States on June 24, 1967. For full text online, go to: http://www.incb.org/e/index.htm?.

The modern battle over drug trafficking – the drug "war" – did not really get going until the 1970s, after the decade of free love, sexual freedom, and experimentation in the 1960s left millions of Americans searching for a new way to experience life. Demand was skyrocketing. Mexican drug lords were more than accommodating and the practice flourishes to this day. In 1969, however, the Nixon administration unilaterally imposed Operation Intercept on the border with Mexico to combat the flow of illegal drugs coming into the United States, practically closing the San Ysidro and Tijuana border crossings for three weeks. Pastor, Limits To Friendship, at 273-274. In addition to being the beginning of the modern America "War on Drugs," it was a period of intense friction between the two countries as well.

The Controlled Substances Act, 21 U.S.C.A. section 801A (2002), Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 [84 Stat. 1236, 1242 (1970)] is the legal foundation of today’s fight against the abuse of drugs and other substances. This law is a consolidation of numerous laws regulating manufacture and distribution of narcotics and other illicit drugs.

The border is the target area for most drug trafficking interdiction. But however many Border Patrol agents, laws and fences, still between 50 and 80 percent of the cocaine and marijuana entering the United States is smuggled across our southwest border with Mexico. U.S. Congress, House, Select Committee on Narcotics Abuse and Control, Study Mission to Brownsville, Texas; Mexico City, Mexico; and Guatemala City, Guatemala, December 9-13, 1990. Washington, U.S.G.P.O., 1991. (101^st Congress, 2^nd session, House);

     MEXICO: illicit cultivation of opium poppy (cultivation in 2001 - 4,400 
      hectares; potential heroin production - 7 metric tons) and cannabis
      cultivation in 2001 - 4,100 hectares; government eradication efforts
      have been key in keeping illicit crop levels low; major supplier of heroin
      and largest foreign supplier of marijuana and methamphetamine to the US
      market; continues as the primary transshipment country for US-bound
      cocaine from South America; major drug syndicates control majority of 
      drug trafficking throughout the country; growing producer and distributor of
      ecstasy." – CIA World Factbook, 2002,
      http://www.cia.gov/cia/publications/factbook/  [select "Mexico"]

Mexico’s eradication program is one of the oldest and largest in the world. U.S. Dept. of State, Bureau for International Narcotics and Law Enforcement Affairs, Narcotics Control Reports: Mexico, 2001 (Narcotics Control Report). Available on the internet at the Bureau for International Narcotics and Law Enforcement Affairs (INL) Web site at: http://www.state.gov/g/inl/rls.

The downside to this has been the expense to civil and human rights. Police have obtained expanded powers to arrest and hold suspected criminals in custody. There is no bail for drug traffickers. There has been an enormous increase in the military presence at the border. See Laurie Freeman, Transforming U.S.-Mexico Relations, borderlines vol. 8, no. 10 (Nov. 2000). Available online at: http://www.us-mex.org/borderlines/.

United States military train the Mexican police in sharp shooting, light artillery use, and other maneuvers. Millions of dollars come from the U.S. treasury to support this effort to "shoot to kill" suspected drug traffickers as they come across the border. Id, and see also Tim Dunn, Border Militarization and beyond: The Widening War on Drugs, borderlines vol 8, no. 66 (date?) at 14 (citing the case of a Mexican-American teen shot to death by a U.S. Marine after mistaking him for a drug scout). Available online at: http://www.us-mex.org/borderlines/.

Nothing seems certain about this sad situation except that as long as there is a demand, there will be a supply – at a high price to both the peoples of the United States and Mexico.

Drug traffic laws: a short history
United States drug laws
Mexican drug laws



Drug traffic laws: United States

1. Federal laws

Of the many laws related to criminal and civil penalties regarding illicit sales and marketing of drugs, the following are most pertinent to the subject of drug trafficking. Web versions are available on several sites, but the most reliable are from the government. For example, to search the United States Code or Public Laws on the Web, go the Government Printing Office search engine, GPO Access, at: http://www.access.gpo.gov/su_docs/index.html.

Controlled Substances Import and Export Act – 21 U.S.C.A. section 951 et seq. (2002) and at the FDA web site: http://www.fda.gov/opacom/laws/csbieact.htm.  A person is subject to criminal penalties under this law if he or she import or export controlled substances without legal cause – e.g., to sell, distribute, manufacture for personal gain. A person found guilty will be fined, imprisoned or both as specified by the statute.

Maritime Drug Law Enforcement Act – 46 U.S.C.A. App. Section 1901 (2002) and at the Government Printing Office web site GPO Access at: http://www.access.gpo.gov/uscode/title46a/46a_27_.html. This statute creates criminal penalties for anyone who violates the act – e.g., bringing controlled substances into the United States by ship, boat, or other "vessel."

Food, Drug and Cosmetic Act – 21 U.S.C.A. section 301 et seq (2002) and at the FDA web site at: http://www.fda.gov/opacom/laws/fdcact/fdctoc.htm. Under section 333, makes it a crime to sell, possess for sale, etc. controlled substances. This statute applies without any proof of intent, knowledge or awareness of wrongdoing.

Foreign Narcotics Kingpin Designation Act – 21 U.S.C.A 1901-1908 (2002) and on GPO Access at: http://www.access.gpo.gov/uscode/uscmain.html (choose Title 21, then Chapter 24, International Narcotics Trafficking). Its purpose is to deny significant foreign narcotics traffickers, their related businesses, and their operatives access to the U.S. financial system and all trade and transactions involving U.S. companies and individuals.

Uniform Controlled Substances Act – 21 U.S.C.A. 801 et seq (2002) Sections 960, 971 relate to international transactions and penalties for drug traffickers. On the Web on GPO Access at: http://www.access.gpo.gov/uscode/uscmain.html.

National Drug Control Policy Act – 21 U.S.C.A. sec. 1701 et seq. (2002) Authorizes the Office of National Drug Control Policy to target the development and implementation assessment of National Drug Control Strategy; create a High Intensity Drug Trafficking Areas Program; and, among other tools, use of environmentally-approved herbicides to eliminate illicit narcotics crops. Available on the Web at: http://www.access.gpo.gov/uscode/uscmain.html.

a. United States Congressional Hearings and Reports

The Border War on Drugs / Congressional Office of Technology Assessment, U.S. G.P.O., 1987. Gov. Doc. No. Y 3 .T 22/2:2 D 84/4
Deals with narcotics enforcement agents at the U.S.-Mexico border. Includes bibliographical references.
Available at the Legal Research Center, University of San Diego, at KF 6699 .B67 1987

Counternarcotics efforts in Mexico and along the Southwest border: hearing before the Subcommittee on National Security, International Affairs, and Criminal Justice...House of Representatives, U.S. GPO, Washington D.C., 1997. Gov. Doc. No. Y 4.G 74/7:C 83/5

Available at the USD Legal Research Center at KF 49 .C62 CIS 97 H401-1

The Drug Cartels and Narco-Violence: the threat to the United States: hearing before the Subcommittee on Western Hemisphere, Peace Corps, Narcotics, and Terrorism...United States Senate, U.S. GPO, 1997. Gov. Doc. No. Y 4.F 76/2:S/Hrg. 105-1

Available at SDSU, UCSD, USD.

Drug control: status of counternarcotics efforts in Mexico.., U.S.GPO, 1998. Senate hearing testimony of Benjamin F. Nelson, Director of the International Relations and Trade Issues, National Security and International Affairs Division. Nelson Testimony also available for 1999. Gov. Doc. No. GA 1.5/2:T-NSAID-99-86

Available at SDSU, UCSD, USD.

Drug control: update on U.S.-Mexican counternarcotics efforts: statement of Benjamin F. Nelson.., GAO, Washington, D.C., 1999. Gov. Doc. No. GA 1.5/2:T-NSAID-99-86

Available at USD Legal Research Center at KF6236.A85 T47 T-NSIAD-99-86

Drug control: U.S.-Mexican counternarcotics efforts face difficult challenges, U.S. GAO, 1998. Gov. Doc. No. GA 1.13:NSAID-98-154.

Available at SDSU,UCSD, USD.

The Drug Trade in Mexico and implications for U.S.-Mexican relations: hearing before the Committee on Foreign Relations....United States Senate, U.S. GPO, 1995. Gov. Doc. No. Y 4.F 76/2:S.HRG.104-204

Available at SDSU, UCSD, USD.

Drug Trafficking: the escalating crisis on the Southwest border: hearing before the Caucus on International Narcotics Control of the United States Senate, U.S. GPO, 1988. Gov. Doc. No. Y 1.3:S.HRG.100-910.

Available at the USD Legal Research Center at KF49 .C62 CIS 89 S961-1

Drugs and domestic terrorism threat to Arizona and the Southwest border: hearings before a subcommittee of the Committee on Appropriations, U.S. Senate, 1986. Gov. Doc. No. YAp6/2:S/H.G.99-866

Interesting analogy of terrorism and border drug issue. 
Available at the Legal Research Center, University of San Diego at KF 49 .C62 CIS 86 S181-4

The Frontline of the U.S. War on Drugs [microform]: the Southwest border: hearing before a subcommittee of the Committee on Appropriations, United States Senate, U.S. G.P.O., 1990. Gov. Doc. No. Y 4.Ap 6/2:S.hrg.101-485

Covers narcotics control and drug traffic of the Mexican-American border region.

Available at the Legal Research Center, University of San Diego, at KF 49 .C62 90 S181-20

Illegal entry at United States-Mexico border : multiagency enforcement efforts have not been effective in stemming the flow of drugs and people : report to the Congress / by the Comptroller General of the United States. Publisher: Washington : General Accounting Office, 1977.

Call Number: GA 1.13:GGD-78-17

Available at the California State Library

Illicit traffic in weapons and drugs across the United States-Mexican Border [microform]: hearing before the United States Subcommittee on the Investigations of the Committee on Government Operations, U.S. G.P.O, 1977. Gov. Doc. No. Y 4.G 74/6:D 84/5

A look at the previous attempts at dealing with the border drug issue.

Available at the Legal Research Center, University of San Diego, at KF 49 .C62 CIS 77 S401-21 and at the California State Library

International Law [microform]: the importance of extradition: hearing before the Subcommittee on Criminal Justice, Drug Policy and Human Resources...House of Representatives, U.S. GPO, 2000. Gov. Doc. No. Y 4.G 74:L 41/5

Available at USD Legal Research Center at KF49 .C62 CIS 00 H401-61

Losing ground against drugs: the erosion of America’s borders: hearing before the Committee on the Judiciary, United States Senate, U.S.G.P.O., 1997. Gov. Doc. No. Y 4.J 89/2:S.HRG.104-877.

Available at SDSU, UCSD, and USD at KF 49 .c62 CIS 97 S521-89 

Mexican and American responses to the international narcotics threat: hearing before the Subcommittee on Western Hemisphere...United States Senate, US GPO, 1997. Gov. Doc. No. Y 4.F 76/2:S.Hrg.105-53

Includes illustrations and maps.

Available at the Legal Research Center, USD at KF 49 .C62 CIS 97 S381-18

Mexico’s counter-narcotics efforts, 1985-1995 [microform] / K. Larry Storrs, Congressional Research Service, Library of Congress, 1996.

A major study of Mexico’s decade of struggle against narcotics criminal activity; includes bibliographical references.

Available at UCSD.

Mexico’s counter-narcotics efforts under Zedillo, December 1994 to March 1998 [electronic resource] / K. Larry Storrs, Congressional Research Service, Library of Congress, 1998.

Electronic text in PDF and ASCII versions; includes bibliographical references. Report focuses on trends in Mexico’s drug trade, its efforts to control it, cooperation with U.S. agencies.

Available at UCSD.

The Narcotics threat to the United States through Mexico – S. 1547: hearing before the Committee on Banking, Housing and Urban Affairs, United States Senate, U.S. GPO, 1996. Gov. Doc. No. Y 4.B 22/3:S/HRG.104-607

Available at the USD Legal Research Center at KF49 .C62 CIS 97 S241-3

Oversight of federal drug interdiction efforts in Mexico: review of a rising national security threat: hearing before the Subcommittee on National Security, International Affairs, and Criminal Justice...House of Representatives, US GPO, 1997. Gov. Doc. No. Y 4.G 74/7:D 84/40

Examines the U.S. government’s efforts in narcotics smuggling prevention.

Available at the Legal Research Center, USD at KF 49 .c62 CIS 98 H401-1

Oversight of Mexican counternarcotics efforts [microform]: are we getting full cooperation? : hearing before the Subcommittee on Criminal Justice, Drug Policy, and Human Resources...House of Representatives, US GPO, 1999. Gov. Doc. No. Y 4.G/74/7:M 57/3

U.S. government examination of Mexican cooperation on narcotics issues.

Available at the Legal Research Center, USD at KF 49 .C62 CIS 00 H401-8

U.S. and Mexican counterdrug efforts since certification : joint hearing before the Senate Caucus on International Narcotics Control and the Committee on Foreign Relations, United States Senate, GPO, Washington, 1998. Gov. Doc. No. Y 4.F 76/2:S.Hrg.105-376.

Available at the USD Legal Research Center at KF49 .C62 CIS 98 S961-1

U.S./Mexico bi-national drug threat assessment, Executive Office of the President, Office of National Drug Control Policy [study prepared by the High Level Contact Group on Drug Control], Washington, D.C., 1997. Gov. Doc. No. PREX 1.2:T 41

Available at the USD Copley Library at PREX1.2:T41

U.S./Mexico bi-national performance measures of effectiveness / Office of National Drug Control Policy, Washington, D.C., 1999. Gov. Doc. No. PREX 26.2:P 41/3

Available at SDSU, UCSD.

2. California state laws

California was an early proponent of criminal penalties for the sale of illicit drugs. In 1907, the California legislature passed the Poison Act, banning the sale except by prescription of morphine, codeine, heroin, opium, and cocaine. 1907 Cal. Stat.124, Schedule "A." By the time the federal government started to pass anti-drug legislation, California had already restricted narcotics and outlawed cannabis to counter an unwelcome influx of unsavory Chinese and "Hindoos" into the state. Dale H. Gieringer, The Origins of California’s 1913 Cannabis Law," from 26 Journal of Contemporary Drug Problems 237-288 (1999)("Hindoos" were actually East Indian immigrant Sikhs and Punjabis, who had become with the Chinese a target of anti-immigrant sentiment after their arrival in 1910). This legislation was passed under the guidance and authority of the Board of Pharmacy, which had lobbied for an amendment to state poison laws to prohibit the sale of opium, morphine and cocaine except by prescription. The Board followed this legislation with a strong enforcement operation that included undercover agents and informants, climaxing in raids on errant pharmacists and Chinese opium dens. Id.

In addition to restricting the sale of narcotics, the 1913 Poison Act Amendments banned the possession of "extracts, tinctures, or other narcotic preparations of hemp, or loco-weed, their preparations or compounds..." California Poison Act, 1913 Cal. Stat. 692. In what may be the first marijuana cultivation bust in the United States, the Los Angeles Times reported that two "dream gardens" containing $500 worth of Indian hemp or "marahuana" had been destroyed. Id., citing the Los Angeles Times, Sept.10, 1914.

Since that time, California law has kept up with the federal in terms of restricting and penalizing illicit drug trafficking. You can search for and read sections of the California Code on the Web at: http://www.leginfo.ca.gov/calaw.html.

The current laws in force include: 

Uniform Controlled Substances Act – California Health and Safety Code section 11000 et seq. Covers standards, regulations and controlled use of prescribed and illegally obtained drugs. Authorizes the Bureau of Narcotics Enforcement to uphold the laws. The California Uniform Controlled Substances Act provides that

     "every person who transports...or attempts to import into the state or 
      to or give away... any... controlled substance which is a narcotic drug,
      unless upon the written prescription of a physician...must be punished 
      by imprisonment in the state prison for three, four, or five years." 
      Cal. Health & Safety Code, sections 11352, subd. (a).

Trafficking in marijuana is governed by Article 2 of the Uniform Controlled Substances Act, at Cal. Health &Safety Code section 11357, and the penalties are considerably less severe.

Drug Dealer Liability Act – Cal. Health and Safety Code section 11700 et seq. This law provides civil remedies for damages caused by injuries as a result of the use of an illegal controlled substance. It allows parents, employers, insurers, governmental entities and others to sue for damages from those marketing illegal controlled substances.

3. International treaties, conventions and agreements

The U.S. and Mexico cooperate in a range of bilateral counter narcotics and law enforcement agreements. There are 45 separate agreements on narcotics control and enforcement between Mexico and the United States listed in Treaties in Force, 2001 (Dept. Of State). Some bilateral entities include the Legal Working Group of the Binational Commission (BNC) chaired by the Attorneys General of both countries. The Senior Law Enforcement Plenary Group also continues to meet twice yearly to monitor and guide bilateral actions at the practical and operational level. The High-Level Contact Group on Drug Control (HLCG), headed by the Office of National Drug Control Policy (ONDCP), the U.S. Attorney General, the Mexican Foreign Secretary, and the Mexican Attorney General was abandoned by mutual consent with the inaugurations of the two new Presidential administrations, George W. Bush and Vicente Fox, respectively. The five working groups of the HLCG (money laundering, demand reduction, arms trafficking, interdiction, and precursor chemicals) continue to meet.

At the working level, the cooperation between the U.S. and Mexico to enforce anti-drug laws is at its highest ever. The number of Mexican law enforcement receiving U.S.-sponsored law enforcement training tripled in 2001 in response to unprecedented demand from Mexican law enforcement agencies. Courses ranged from Basic Law Enforcement and Advanced Narcotics Training to Clandestine Law Destruction and VIP Protection. Scanner and night-vision goggle training proved productive as well. (From U.S. Dept. of State, Bureau for International Narcotics and Law Enforcement Affairs, Narcotics Control Reports: Mexico, 2001 (Narcotics Control Report). Available on the internet at: http://www.state.gov/g/inl/rls.

The United States is a signatory to:

the United Nations Convention On Psychotropic Substances of 1971 (32 U.S.T. 543: 1019 U.N.T.S. 175)(entered into force with respect to the United States July 15, 1980): http://www.incb.org/e/conv/1971/cover.htm

the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (28 I.L.M. 497-526 (1989): U.N. Doc. E/CONF. 82/15 (Dec. 19, 1988) entered into force for the United States Nov. 11, 1990): http://www.incb.org/e/conv/1988/cover.htm

the Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs of 1931 (21 U.S.C.A. sec.953; 48 Stat. 1543; T.I.A.S. 2308)(available at the UN Treaty Collection at http://untreaty.un.org/English/ with username and password);

the International Opium Convention of 1912 for the Suppression of the Abuse of Opium, Morphine, Cocaine and Derivative Drugs (38 Stat. 1912; 21 U.S.C.A. sec. 823), which was terminated by

the UN Single Convention on Narcotic Drugs of 1961 (21 U.S.C.A. sec. 801 et seq.; 18 U.S.T. 1407: 520 U.N.T.S. 204) and at http://www.incb.org/e/conv/1961/cover.htm for full text online. The International Narcotics Control Board Web site at http://www.incb.org/, the organization created by the Single Convention of 1961 to be the quasi-judicial control organ for the implementation of the United Nations drug conventions.

Drug traffic laws: a short history
United States drug laws
Mexican drug laws



Drug traffic laws: Mexico

1. Federal laws

Mexico has a National Drug Control Program, which covers supply and demand reduction, control measures and other aspects of drug control. Article 26 of the Constitution of the United States of Mexico is the legal basis for the Program. Inter-American Drug Abuse Control Commission (CICAD) National Report 1999-2000: Mexico: http://www.cicad.oas.org/

Mexico’s Office of the Attorney General is the central coordinating authority for drug control. Mexican law enforcement and administrative agencies supporting the Attorney General and the Special Prosecutor for Crimes Against Health in fighting illicit drug trafficking include: Ministry of the Interior, the Ministry of National Defense, the Ministry of the Navy, the Ministry of Finance and Public Credit, and the Ministry of Communications and Transportation. It falls to the district criminal courts to hear and punish offenses related to drug trafficking Id.

Mexico’s laws are published in the Diario Oficial de la Federacion before they go into effect. Complete daily issues of the Diario Oficial are available on the InterAm Database, a searchable electronic database that can provide an English translation for a fee at: http://www.natlaw.com/mexico/diario/diario02.htm. Free access to current legislation in available from the Mexican government at: www.gobernacion.gob.mx.

The Chamber of Deputies has its own web site that contains federal codes and the constitution at: http://www.camaradediputados.gob.mx/.

Mexico’s Ley of 6 November 1996 (federal law on organized crime, including terrorism, arms, drug trafficking, etc.) in Diario Oficial 7 November 1996, governs drug trafficking offenses. Full text of the 1996 law and regulations are available in Spanish to members of GLIN (The Law Library of Congress’ Global Legal Information Network) http://www.loc.gov/law/glin  or in English translation on the InterAm Database: http://www.natlaw.com/mexico/diario/diario02.htm.  Neither is free of charge.

2. Baja California laws

According to government reports, some 332 air smuggling operations were detected in the Baja California area in 2001. This trend may indicate that traffickers now prefer transporting contraband by air to the border area, since the U.S. Customs and Mexican air operations in this area experienced a 300 percent increase in detection events. All targets in the Baja California area were flights originating in Mexico, with the overwhelming majority of seizures being marijuana.

Baja California laws may be found on the Internet in several locations. One of the best is provided by the Mexican government at: http://www.e-local.gob.mx/leyesloc.htm. The page contains the Constitutions of the Mexican states, as well as other state laws.

For Baja California laws in particular, try Leyes del Estado de Baja California at: www.congresobc.gob.mx/. This site is administered by the Baja California legislature and contains the Baja California code, both civil and criminal.

The web site of the Universidad de las Americas, Puebla Library, has a very good and current web site with helpful legal links: http://biblio.pue.udlap.mx/udla/biblioteca/. The site links to several Spanish language legal and government web sites related to Baja California, including the Congress, the Governor’s home page, and others.

Baja California is divided into two different states, one being Baja California by the U.S. border and the other Baja California Sur to the south. Baja California Sur laws may be found on the Internet at: http://www.gbcs.gob.mx.

Tijuana and Mexicali, two border towns in Baja California, have their municipal laws available at: http://www.congresobc.gob.mx/reglamentacion/municipal/.

3. International treaties, conventions and agreements

Mexico has ratified the United Nations Conventions on Psychotropic Substances of 1971 (as amended in the 1972 Protocol)[976 U.N.T.S. 3 ] http://www.incb.org/e/conv/1971/cover.htm 

and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 [(E/CONF.82/15, Corr.1 and 2 (English only)] ; http://www.incb.org/e/conv/1988/cover.htm 

acceded to the United Nations Convention of 1971 (1019 U.N.T.S 175) and 

ratified the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, And Other Related Materials, Organization of American States (GT/CIFTA-10/97, 4 September 1997), which helps in counteracting the feudal terrorism that accompanies most drug cartels. Available at the OAS Web site at: http://www.oas.org/juridico/english/treaties/a-63.html.

Mexico also subscribes to regional counter narcotics commitments such as the 1996 Anti-Drug Strategy in the Hemisphere, AG/doc.3514/97, available at , http://www.oas.org/Juridico/english/ga-res97/Eres1458.htm and

the 1990 Declaration of Ixtapa, [OAS General Assembly Resolution AG/RES. 1045 (XX-0/90)] and at the Inter-American Drug Abuse Control Commission web site at http://www.cicad.oas.org/en/Main/AboutCICAD/basicdocsindex.htm which commits signatories to take strong action against drug trafficking, including controlling money laundering and preventing chemical diversion.

Mexico has bilateral narcotics accords with 32 countries. Mexico has signed, but not yet ratified, the UN Convention against Transnational Organized Crime, A/RES/55/25 of 15 November 2000, 55^th Session of the General Assembly of the United Nations, available online at: http://www.undcp.org/odccp/crime_cicp_convention.html.

There are 45 separate agreements on narcotics control and enforcement between Mexico and the United States listed in Treaties in Force, 2001 (Dept. Of State), and they will not be enumerated here. Suffice it to say that they cover a multitude of issues regarding the prevention of drug traffic by air, land and sea. To aid in this task the U.S- Mexico Extradition Treaty has been in force since 1980. Extradition Treaty between the United States of America and United Mexican States, May 4, 1978, [1979], 31 U. S. T. 5059, T. I. A. S. No. 9656. Available on the Web in Spanish at: http://www.bibliojuridica.org/libros/libro.htm?l=26.

A U.S.-Mexico Protocol to the extradition treaty permits the temporary surrender for trial of fugitives who are serving a sentence in one country but also are wanted on criminal charges in the other was entered into force May 21, 2001 (KAV 5212, Senate Treaty Doc. No. 105-46).

Mexico assumed the Vice Chair of the Inter-American Drug Abuse Control Commission (CICAD) in November 2001. In July 2001, Mexico and Colombia created a "High Level Group on Mexican-Colombian Justice and Security," composed of the representatives from both countries’ ministries of Foreign Affairs, Defense, Navy and Attorneys General, among others. The two countries confirmed their commitment to fight organized crime and narcotics trafficking through information exchange, training, and mutual legal assistance.

Drug traffic laws: a short history
United States drug laws
Mexican drug laws
return to top

Last revised: 10/30/02