Why This Lawmaker Refuses To Take A Mandatory Drug Test: Drama In The Chilean Congress

By Javier Hasse via El Planteo

A political storm has erupted in Chile's Chamber of Deputies following Ana María Gazmuri's refusal to comply with a mandatory biannual drug test. As a result, she was penalized with a 15% salary reduction, igniting a broader debate on the country's drug policies and personal rights.

Rather than backing down, Gazmuri published a lengthy OpEd piece in BioBioChile, where she condemned the flaws in the regulation, calling it poorly designed, lacking transparency and infringing on fundamental rights. This stance aligns with her long history of drug policy activism, reinforcing the broader shift in Chile's approach to cannabis and other substances.

‘I Will Not Betray My Principles’

In her column, Gazmuri clarified that her refusal is not an attempt to hide illegal drug use but rather a way to expose the regulatory failures behind the test. She believes the measure is more punitive than preventive.

"I will not take the test until it is properly implemented, ensuring sufficient transparency and privacy protections for all individuals," she asserted.

A longtime medical cannabis user with a valid prescription, Gazmuri also disclosed her medically guided use of psilocybin mushrooms. However, she emphasized that her refusal is unrelated to this, as the drug test does not detect psilocybin. Addressing speculation about her decision, she stated:

"Some have suggested that my refusal to take the test is to hide the use of substances other than cannabis. I want to clarify that I have used psilocybin mushrooms under medical guidance. However, the test does not include psilocybin, making this argument irrelevant."

A Flawed And Invasive Policy?

The mandatory drug testing policy, implemented in 2022, was designed to promote transparency and prevent links between lawmakers and drug trafficking networks. However, Gazmuri argues that it misses the mark:

"If the true goal is to uncover ties between politicians and drug cartels, the focus should be on financial investigations—following the money."

During the policy's development, she proposed a provision requiring all lawmakers to disclose their financial records, regardless of drug test results. However, her proposal was rejected, and she pointed out that the same legislators who championed drug testing voted against financial transparency.

Privacy concerns also loom large. Gazmuri criticized the public exposure of lawmakers' drug test results, arguing that this violates basic patient rights, regardless of their political roles. She noted that some politicians faced public humiliation, despite having medical prescriptions for cannabis use.

Gazmuri’s Long-Standing Advocacy For Drug Reform

Gazmuri's defiance is rooted in her extensive background in cannabis activism. Before joining Congress, she founded and led the Fundación Daya, an organization advocating for medical cannabis access in Chile. In a 2022 interview with El Planteo, she recalled how her organization secured Latin America's first medical cannabis cultivation permit in 2014.

"We started from that perspective and developed a strategy to push boundaries, changing Chile's outdated cannabis policies."

Since taking office, she has worked to decriminalize home cultivation and end the criminalization of cannabis users—a priority she reaffirmed in her column:

"We will continue pushing to fulfill President Boric's promise: ‘To end the criminalization of cannabis users'—not just patients, but all consumers. Regulation for peace is the goal."

Political Backlash And Legislative Reactions

Gazmuri's defiance sparked immediate backlash from right-wing politicians, particularly lawmakers from the Unión Demócrata Independiente (UDI), Juan Antonio Coloma and Juan Manuel Fuenzalida. They have proposed a constitutional reform to remove any public official who consumes illegal substances.

"It is unacceptable that a legislator publicly admits to using two different drugs and only receives a financial penalty," they declared.

Additionally, they are pushing for a bank secrecy law, which would require all politicians who fail drug tests to disclose their financial records to rule out ties to drug trafficking.

Gazmuri, however, remains firm:

"If they truly want transparency, let's open the financial records of all politicians—not just those who test positive. That is how we identify real connections to illicit networks."

The Bigger Question: Where Is Chile Headed On Drug Policy?

Gazmuri's case has rekindled a larger national conversation: how should Chile regulate drug use?

While conservative sectors advocate for tighter restrictions, reformers like Gazmuri push for an approach based on harm reduction and individual rights. Chile has made progress in medical cannabis regulation, but broader reform faces significant obstacles.

For Gazmuri, this is a critical debate that must be taken seriously.

Her refusal to take the drug test, she insists, is not just a personal choice—it is a political statement about the urgent need for drug policy reform in Chile.

Photo courtesy of Ana María Gazmuri via El Planteo

This article is from an external unpaid contributor. It does not represent Benzinga’s reporting and has not been edited for content or accuracy.