With an increasing number of jurisdictions enacting or contemplating reforms creating legal access to cannabis for purposes other than exclusively "medical and scientific," tensions regarding the drug conventions and evolving law and practice in Member States continue to grow.
As the world prepares for the 2016 Special Session of the United Nations General Assembly on the World Drug Problem (UNGASS 2016), an increasing number of countries around the world now find the regime’s emphasis on punitive approaches to illicit drugs to be problematic and are asking for reform. In this moment of global disagreement, the Brookings project on Improving Global Drug Policy provides a unique comparative evaluation of the effectiveness and costs of international counternarcotics policies and best approaches to reform.
If you actually read the treaties, while they do set firm limitations on the legal, "non-medical" or "non-scientific" sale of schedule drugs — limits that Uruguay, Colorado and Washington ignored when legalizing cannabis — they don’t otherwise obligate countries to penalize drug use. Even the 1988 convention, the harshest of the three, which instructs countries to criminalize use, still provides an out for states, allowing such laws only as they are "subject to its constitutional principles and the basic concepts of its legal system." This loophole has been used by the Dutch to argue legally for their coffee shops.
The Uruguayan government has made a controversial move to regulate the production and sale of cannabis, believing that this will help in the fight against drug-related crime and in dealing with public health issues. The move has been condemned by the UN’s International Narcotics Control Board (INCB), whose president Raymond Yans accused the government of having a "pirate attitude" for going against the UN’s conventions on drugs. Diego Cánepa, secretary of the office of Uruguayan President, believes a regulated marijuana market was the right decision.
Cannabis was condemned by the 1961 Single Convention on Narcotic Drugs as a psychoactive drug with “particularly dangerous properties” and hardly any therapeutic value. Ever since, an increasing number of countries have shown discomfort with the treaty regime’s strictures through soft defections, stretching its legal flexibility to sometimes questionable limits.
International tensions over Uruguay’s decision to regulate the cannabis market reached new levels when Raymond Yans, president of the International Narcotics Control Board (INCB), accused Uruguay of negligence with regard to public health concerns, deliberately blocking dialogue attempts and having a "pirate attitude" towards the UN conventions. President Mujica reacted angrily, declaring that someone should "tell that guy to stop lying," while Milton Romani, ambassador to the Organisation of American States (OAS), said that Yans "should consider resigning because this is not how you treat sovereign states."
Uruguay’s president has accused the head of the UN’s International Narcotics Control Board (INCB), Raymond Yans, of lying and double standards, after the official claimed the country did not consult the anti-drug body before legalizing marijuana.
Uruguay's President Mujica shot back at the president of the International Narcotics Control Board, a U.N. agency, for saying that his administration refused to meet with the agency’s officials before legalizing marijuana. Mujica batted down the criticism, insisting that his administration is open to discussing the law and accusing the INCB President Raymond Yans of applying a double standard by criticizing Uruguay, even as U.S. states pass laws to legalize recreational marijuana consumption. "Tell this old guy not to lie," Mujica said.