The US drug policy is changing, pitting states against federal law. This essay explores this inner friction of contradictory drug legislation, and what it may mean for the international drug control regime, itself a result of US drug policy. (4,400 words)
Latin America has emerged at the vanguard of efforts to promote debate on drug policy reform. For decades, Latin American governments largely followed the drug control policies and programs of Washington’s so-called war on drugs. Yet two parallel trends have resulted in a dramatic change in course: the emergence of left-wing governments that have challenged Washington’s historic patterns of unilateralism and interventionism and growing frustration with the failure of the prohibitionist drug control model put forward by the US government.
A whiff of change is in the air regarding drug control policy. Officials in two American states, Colorado and Washington, are pondering how to implement their voters’ decisions last November to legalise cannabis. One immediate consequence is that the United States will be in breach of the UN Convention. Good. It should now join Latin American governments in an effort to reform that outdated document to allow signatories room to experiment. Imposing a failed policy on everybody benefits nobody.
Bolivia will again belong to the 1961 Single Convention on Narcotic Drugs after its bid to rejoin with a reservation that it does not accept the treaty’s requirement that “coca leaf chewing must be banned” was successful Friday. Opponents needed one-third of the 184 signatory countries to object, but fell far, far short despite objections by the US and the International Narcotics Control Board.
Last week, the United Nations voted on an appeal by Bolivia to amend the international treaty that prohibits the chewing of coca leaf. Bolivia won a partial victory — a tiny sign that the world may be ever so slowly coming to its senses on the insanely harsh treatment of this humble, mostly harmless plant and the people, mostly South American natives, who enjoy it in its raw form. (Ricardo Cortés is the author of A Secret History of Coffee, Coca & Cola)
Today the Plurinational State of Bolivia can celebrate a rightful victory, as the country can become formally a party again to the 1961 Single Convention on Narcotic Drugs, but without being bound by its unjust and unrealistic requirement that “coca leaf chewing must be abolished.” This represents the successful conclusion of an arduous process in which Bolivia has sought to reconcile its international treaty obligations with its 2009 Constitution, which obliges upholding the coca leaf as part of Bolivia’s cultural patrimony.
Sweden joined the United States and the United Kingdom in objecting to the re-accession of Bolivia to the 1961 UN Single Convention on Narcotic Drugs after Bolivia had denounced the convention and asked for re-accession with a reservation that allows for the traditional age-old ancestral habit of coca chewing in the country. Italy and Canada also objected, but the objection of Sweden is particularly disturbing.