The Permanent Commission of the Congress of the Union issued a declaration of constitutionality for the reform that bans fentanyl, vaporizers, and e-cigarettes. The reform, initiated by former President Andrés Manuel López Obrador, aims to guarantee the right to health protection, especially for young people who consume these products.
The reform received approval from the congresses of 22 states, including Baja California, Campeche, Chiapas, Mexico City, Colima, Durango, Hidalgo, Mexico State, Michoacán, Nayarit, Oaxaca, Puebla, Quintana Roo, San Luis Potosí, Sinaloa, Sonora, Tabasco, Tamaulipas, Tlaxcala, Veracruz, Yucatán, and Zacatecas. It has been sent to the President for publication in the Official Gazette of the Federation (DOF) and subsequent entry into force.
The amended text added to the Constitution states, “To guarantee the right to health protection, the law will sanction all activities related to electronic cigarettes, vaporizers, and other similar systems or devices indicated by law, as well as the production, distribution, and sale of toxic substances, chemical precursors, the illicit use of fentanyl, and other unauthorized synthetic drugs.”
During the reform discussion, the opposition called for regulation of vaporizers and e-cigarettes, criticizing the Morena, PT, and PVEM deputies for classifying fentanyl and vaporizers in the same category. Senator Amalia García of Movimiento Ciudadano argued that the prohibitionist policy promoted by the United States has not yielded results in guaranteeing the health, safety, and well-being of the population, and instead has led to an increase in violence and arms trafficking.
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