In the discussion of this proposal, Senator Carolina Viggiano explained that the PRI was in favor of “fighting against fentanyl,” but said that in the case of vapers, their use should not be prohibited, but rather regulated.
“We are going to support all the actions that the State of Mexico implements to combat this scourge and the violence it is generating and it seems incorrect to us that in the same initiative, in the same article, fentanyl and vapers are placed on the same level. One thing has nothing to do with the other,” said the PRI member.
In addition, he mentioned that alcohol and cigarettes are harmful to health, but their consumption is regulated, but not prevented.
Senator Jorge Carlos Ramírez Marín even questioned “Where should the State “take charge of the health of citizens?”, as he recalled that opposition senators have pointed out that the State “meddles” in personal freedoms, since each person must decide whether or not to use a vape.
“On this occasion the response is obligatory. Yes, the state has to intervene. The fundamental data is the alarming figure that represents having reduced the age of onset from 14 to 12.6 years; That is, 12-year-old children are consuming vaporized nicotine. To what extent is it the responsibility of the State to let it continue to happen,” mentioned the senator for the PVEM.
PAN member Ricardo Anaya commented that the consumption of fentanyl is being prohibited by the Constitution to send a message to the next president of the United States
“They are using the Constitution to send a message to Donald Trump, because in fact the fentanyl crisis is not a Mexican crisis, it is a gringo crisis (…) In whose head does it fit that because this is a problem in the United States you reform the Mexican Constitution as if there were no other illegal dangerous drugs,” he declared.
The reform is to articles 4 and 5 of the Constitution, which establish that to guarantee the right to protection of people’s health, the law will sanction all activities related to electronic cigarettes, vaping devices, as well as the production, distribution and disposal of toxic substances, chemical precursors, the illicit use of fentanyl and other unauthorized synthetic drugs. It also prohibits the profession, industry, domestic or foreign trade and work of such activities.
This proposal, which was sent by the then president Andrés Manuel López Obrador, last February, indicates in its transitory statements that the Congress of the Union, within a period of 180 days, must harmonize the legal framework of the related laws and the legislatures of The federal entities must make the legal adjustments within 365 calendar days following the publication of the reform.