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 UN's top narcotics official said on Wednesday that recent votes by US states to legalize marijuana have put America in deeper violation of the international conventions that guide drug policy around the world. Earlier this month, voters in Oregon, Alaska, and Washington DC legalized the recreational use and sale of marijuana. Similar ballot initiatives have already passed and taken effect in Colorado and Washington.
In March 2014, country delegations will gather at the United Nations Commission on Narcotic Drugs (CND) to review progress and challenges in international drug control since the agreement of a Political Declaration on drugs in 2009. Given that the Political Declaration aims to “eliminate or reduce significantly” the use, supply and demand of controlled drugs by 2019, this meeting represents an important opportunity for honest evaluation and an acknowledgement that these targets are not being achieved. With a United Nations General Assembly Special Session (UNGASS) on drugs just two years away, this is an important time for international drug control policy.
Ahead of the High-Level Segment on the world drug problem to take place on 13th and 14th January 2014, the UNODC Executive Director, Yuri Fedotov, has released his "contributions" to the debate. This 19-page document is, in parts, refreshingly honest about the “unequal” progress that has been made since 2009 (with reductions in supply or demand for some drugs in some places being offset by increases elsewhere), the setbacks and new challenges, and the fact that “the overall magnitude of drug demand has not substantially changed at the global level”.
This report argues that ‘drugs’ are a development issue and must be recognised as such by development agencies. The cultivation of opium poppy, coca leaf and cannabis for anything other than medical and scientific purposes is prohibited under the UN 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol. However conditions of marginalisation and exclusion have sustained the cultivation of these low capital input/high yield drug crops. Poverty, insecurity and inequality also exacerbate the vulnerability of ‘bridge’ states to trafficking activities. These factors are development concerns requiring economic and political solutions.