Latin America is now at the vanguard of international efforts to promote drug policy reform: Bolivia has rewritten its constitution to recognize the right to use the coca leaf for traditional and legal purposes, Uruguay has become the first nation in the world to adopt a legal, regulated Cannabis market, and Colombia, Mexico, Guatemala, and Ecuador are openly critiquing the prevailing international drug control paradigm at the UN. And now with the United States itself relaxing its marijuana laws state by state, the U.S. prohibitionist drug war strategies are losing credibility in the region.
The Research Consortium on Drugs and the Law (CEDD)
09 July 2014
The Research Consortium on Drugs and the Law (Colectivo de Estudios Drogas y Derecho, CEDD) has published a new study that assesses state responses to illicitly-used drugs in eight countries in Latin America: Argentina, Brazil, Bolivia, Colombia, Ecuador, Mexico, Peru and Uruguay. The study found that Latin American governments’ approach to drug use continues to be predominantly through the criminal justice system, not health institutions. Even in countries where consumption is not a crime, persistent criminalization of drug users is common.
In Mexico, since 2006 a public security strategy has been implemented based on militarization, which has prioritized the use of force – including lethal force – based on the presumption of national security above principles of the safety of citizens. Involvement of armed forces as the central axis for Mexico’s security strategy has sparked serious concerns, particularly pertaining to obligations regarding human rights.
Lawmakers proposed allowing the sale of marijuana within Mexico City. The local legislature controlled by the leftist Democratic Revolution Party is the most liberal in Mexico and has previously legalized abortion and gay marriage. Mayor Miguel Angel Mancera supports the plan. Approval could force a legal showdown with the federal government, which would have to decide whether to effectively override the local law by enforcing federal laws barring drug trafficking, challenging the city law in the courts, or both. (See also: Mexican officials introduce bills seeking to relax marijuana laws)
Mexico and the United States cannot pursue diverging policies on marijuana legalization, Mexican President Enrique Pena Nieto was quoted as saying, hinting he may be open to following the lead taken by some U.S. states in changing drug laws. Political pressure has grown in Mexico to take a more liberal stance on marijuana. In an interview with Spanish newspaper El Pais, Pena Nieto said "we can't continue on this road of inconsistency between the legalization we've had [...] in the most important consumer market, the United States, and in Mexico where we continue to criminalize production of marijuana."
Made-in-America marijuana is on a roll. More than half the states have now voted to permit pot for recreational or medical use, most recently Oregon and Alaska. As a result, Americans appear to be buying more domestic marijuana, which in turn is undercutting growers and cartels in Mexico. "Two or three years ago, a kilogram of marijuana was worth $60 to $90," says Nabor, a 24-year-old pot grower in the northwestern Mexican state of Sinaloa. "But now they're paying us $30 to $40 a kilo. It's a big difference." (See also: DEA: Cartels now smuggle U.S. pot into Mexico)
The US Drug Enforcement Agency has now walked back statements it made about the trafficking of marijuana grown in the US to buyers in Mexico, after being met with skepticism by other law enforcement agents and experts and being pressed to divulge more information on the allegedly burgeoning problem. The claim that Mexican drug cartel members were taking US-grown weed and selling it at a premium to Mexican customers first emerged in a broader NPR report on the effects of legalized marijuana on the illicit drug trade.
Lawmakers in Mexico's national legislature and Mexico City's Legislative Assembly introduced twin bills to overhaul the country's drug possession and marijuana laws. The federal bill would allow doctors to prescribe marijuana for medical purposes. If passed, Mexico's federal bill would reschedule marijuana as a drug with proven therapeutic value but known risks. The same bill would also allow Mexican states to determine their own marijuana laws, including the creation of tax-and-regulate systems like the ones adopted by voters in Colorado and Washington.
The 43-year-old war on drugs had never seen such a barrage of opposition as it did in 2014, with successful marijuana legalization initiatives in several U.S. states, California’s historic approval of sentencing reform for low level drug offenders and world leaders calling for the legal regulation of all drugs — all of which cement the mainstream appeal of drug policy alternatives and offer unprecedented momentum going into 2015.