Uruguay's Marijuana Legalization Bill Advances in Congress

Updated August 1—On July 31, Uruguay’s lower house of Congress decided in favor of a controversial bill that seeks to regulate the use of marijuana. If it becomes law, the legislation would make the small South American country the first in the world to legalize the production, sale, and distribution of the drug. The bill received 50 votes—the minimum it needed to pass the Chamber of Deputies—and now moves on to the Senate. Though the use of marijuana has been decriminalized in Uruguay for decades, the legislation would implement a system allowing for personal and corporate cultivation of the drug, as well as sales in pharmacies.

President José Mujica sent the bill to Congress in August 2012, explaining the legislation as an anticrime measure—giving the government the exclusive power to cultivate and sell marijuana. But the bill has faced an uphill battle since then. On the legislative level, the opposition has consistently resisted the bill. This week, National Party Congresswoman Verónica Alonso said that the bill “doesn’t support the health and security of citizens.” She added: “We believe we haven’t been heard.” Public opinion is also against the measure. Only 26 percent of Uruguayans approve of the bill, says a July 29 Cifra poll. Around 63 percent oppose the legislation. This figure is consistent with previous polls, dating back to when Mujica introduced the legislation.

As a result, Mujica put the brakes on the process in December, asking for more time for public consultation. In April, the government began a process of debates and public discussions to inform citizens about the proposal. The Chamber of Deputies introduced a new version of the bill in June, which gives private companies and membership clubs—not the government—the ability to grow marijuana. It also allows for personal cultivation. In turn, a new government agency, called the Institute of Regulation and Control of Cannabis (IRCCA), would be the main regulator. This IRCCA would grant licenses to growers and regulate sales, which can only take place in pharmacies. Sales of the drug would be limited to Uruguayan citizens who sign up on a national registry.

Despite presiding public opinion, the legislation does have support from some Uruguayans and regional leaders. A group called Responsible Regulation, started by Uruguayan human rights non-profits, lawyers, and public health workers, has rallied citizens to back the bill. Organization of American States Secretary General José Miguel Insulza said this month the legislation “is worth trying,” while former Brazilian President Fernando Henrique Cardoso—a member of the Global Commission on Drug Policy—said the law would be beneficial. Sixty-five Mexican congressmen from several parties sent a letter of support for the bill. Senator Lucía Topansky—president of the upper house and Mujica’s wife—said that the law would represent a “cultural shift.” In June, she noted that “We want to get rid of the narcotraffickers, so [there must] be control by the state.”

Should the bill become law, it would take six months to implement; legal production and sales would only begin in 2014. And the measure could still face challenges: members of the opposition warned that if the bill is approved, they will campaign to hold a referendum on the issue.

Meanwhile, anti-drug operations continue. On July 30, police arrested 22 in a two-city bust, finding 500 kilos of marijuana on a plane originating in Paraguay.