These are interesting times for drug law reform, which, as it gathers pace, is asking important questions of international law. A UN General Assembly Special Session on Drugs is set for 2016 just as national reforms are challenging international treaties that form the bedrock of a global prohibition regime that has dominated since the turn of the twentieth century. States parties to the three UN drug control conventions must now confront the legal and political dilemmas this creates. This is the situation in which the US now finds itself following cannabis reforms in various states that are at odds with these treaties.
Writing in 1996, Norbert Gilmore noted that ‘little has been written about drug use and human rights. Human rights are rarely mentioned expressly in drug literature and drug use is rarely mentioned in human rights literature.’  Almost twenty years later, the literature examining drug control issues through the lens of international human rights law has grown, but the total body of peer reviewed commentary and analysis in this area would barely rank the issue as a footnote in the broader human rights lexicon.
An October statement on drug control from the US State Department has prompted much comment and speculation at home and abroad. Delivered by Ambassador William Brownfield, the ‘Brownfield Doctrine’, as it has been named by some commentators, lays out a four pillar approach the United States will follow in matters of international drug control.
State-level cannabis reforms, which gathered steam this month, have exposed the inability of the United States to abide by the terms of the legal bedrock of the global drug control system; the 1961 Single Convention on Narcotic Drugs. This is something that should force a much-needed conversation about reform to long- standing international agreements. But while ostensibly 'welcoming' the international drug policy reform debate, it is a conversation the US federal government actually wishes to avoid.
Suppose the United States government helps to negotiate, and subsequently champions, certain framework treaties – ones justly viewed as imposing significant constraints on all signatories. Down the road, the United States occasionally even calls out counterparties for their looser policy innovations, when the latter push the outer boundaries of what’s permitted under the treaties; a treaty-created monitoring body does likewise in its annual reporting. This pattern essentially holds year in and year out and from one presidential administration to the next.
Two U.S. states have legalized recreational marijuana, and more may follow; the Obama administration has conditionally accepted these experiments. Such actions are in obvious tension with three international treaties that together commit the United States to punish and even criminalize activity related to recreational marijuana. The administration asserts that its policy complies with the treaties because they leave room for flexibility and prosecutorial discretion.
La légalisation du cannabis fait peu à peu son chemin dans le monde, suscitant un débat politique qui dure depuis l'an dernier au Maroc. Après que l’Uruguay a carrément autorisé la commercialisation de cette drogue, plusieurs pays sont en train de légaliser sa culture à des fins thérapeutiques. Le spécialiste néerlandais qui a conseillé l’Uruguay s’attend à un effet domino dans le monde que les conventions onusiennes ne pourront empêcher. Explications.
The current trend towards legal regulation of the cannabis market has become irreversible and requires an urgent dialogue by UN member states on the best models for protecting people’s health and safety, argues a new report. The question facing the international community today is no longer whether there is a need to revise the UN drug control system, but rather when and how to do it.
UN’s International Narcotics Control Board (INCB) unprecedented condemnation of the use of death penalty for drug-related offences is welcome if long overdue. The bigger question is whether INCB’s consideration of human rights can be extended into a proper human rights and evidence-based examination of UN’s entire drug control regime.
As the UN International Narcotics Control Board (INCB) launches its annual report on Tuesday, 4 March, amidst an unprecedented crisis in the international drug control regime, leading drug policy reform experts have called on the INCB and related UN institutions to urgently open up a constructive dialogue on international drug policy reform.